Environmental Products & Services Inc. v. Briar Contracting Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed with costs. Memorandum: The court properly granted summary judgment to plaintiff and properly denied defendants’ motion for leave to serve an amended answer. The record established that plaintiff submitted proof sufficient "to warrant the court as a matter of law in directing judgment in [its] favor” (CPLR 3212 [b]). Plaintiff proved that it performed its subcontract, submitted detailed invoices to support its claims for payment and established that the amount it claimed was the amount actually owing (see, Zambetti v Steinmetz, 205 App Div 520).
Defendants’ motion…
2Cases cited2 opinions
- Ross v. RossAppellate Division of the Supreme Court of the State of New York · 1988
- Zambetti v. SteinmetzAppellate Division of the Supreme Court of the State of New York · 1923