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New York Appellate Court Holds That Affidavits Can Cure Pleading Defects and Extrinsic Evidence Permitted When Contract Clause Is Ambiguous

Servidone, Inc./B. Anthony Constr. Corp., J.V. v. State of New York, No. 2016-05238, 2019 BL 7232 (App. Div., 2d Dept. Jan. 09, 2019)

Author: Sophia L. Cahill

3/07/2019

Read the full post at Constructlaw

New York Appellate Court Holds That Affidavits Can Cure Pleading Defects and Extrinsic Evidence Permitted When Contract Clause Is Ambiguous

Servidone, Inc./B. Anthony Construction Corp., J.V. (the Contractor) and the New York State Department of Transportation (the DOT) entered into a construction contract to reconstruct and replace bridges on Route 59 in New York State. The Contractor retained L.M. Sessler Excavating & Wrecking, Inc. (the Subcontractor) to perform the demolition and disposal portion of the project.

The construction contract required the parties to comply with all applicable laws, and the original contract price included the cost of this compliance. The contract also allowed the Subcontractor to dispose of debris at a permitted solid waste management facility, which, in turn, paid the Subcontractor for the material’s recycled value. Nothing in the contract prevented the parties from removing the waste to appropriate facilities for such beneficial purposes.

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