Coastal Sheet Metal Corp. v. Martin Associates, Inc.

Order, Supreme Court, Bronx County (Betty Owen Stinson, J), entered December 27, 2007, which, insofar as appealed from as limited by the briefs, granted defendant’s motion for summary judgment dismissing plaintiffs last remaining cause of action for breach of contract, unanimously reversed, on the law, without costs, the motion denied and the complaint reinstated.

The court erred in finding that, contrary to its claim of underpayment on a total of 13 jobs, plaintiff had in fact been overpaid, based on its review of change orders in only 10 of those jobs. The grant of summary judgment to…