Savo v Lauria
Decided on February 3, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: : PESCE, P.J., GOLIA and RIOS, JJ
2005-1245 RI C.
Savino Savo, Appellant,
Edward Lauria and Lauria Associates, Respondents.
Appeal from an order of the Civil Court of the City of New York, Richmond County (Catherine M. DiDomenico, J.), entered June 16, 2005. The order denied plaintiff's motion for summary judgment.
Order affirmed without costs.
The parties entered into a contract on April 25, 2003, whereby defendants, who are architects, were to prepare plans to redesign and reconstruct a condominium apartment owned by plaintiff. The defendants were supposed to, inter alia, file the plans with the Department of Buildings, obtain their approval, permits and a sign off of the completed work, file the plans with the condominium board and represent plaintiff before the condominium board. The defendants obtained approval of the plans from the Department of Buildings in October 2003 but received an objection letter from the condominium engineer, dated November 6, 2003, seeking further information regarding, inter alia, waterproofing, fireproofing, plumbing, air conditioning and the installation of the flooring and walls. Plaintiff commenced this suit in February, 2004 for breach of contract claiming that defendants had abandoned the project. The defendant, Edward Lauria, alleged that he was preparing a response to the November 6, 2003 letter in February 2004 when the instant action was commenced.
In our view, there is an issue of fact as to whether defendants were still working on the project or had abandoned it. Accordingly, plaintiff's motion for summary judgment was properly denied.
Pesce, P.J., Golia and Rios, JJ., concur.
Decision Date: February 03, 2006