Acme Builders, Inc. v. Facilities Development Corp.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs. Trial Term, after considering the contract, accompanying documents and extrinsic evidence, found that plaintiff was required to paint the entire existing boiler room at the Woodbourne Rehabilitation Center. It cannot be said that this finding, affirmed by the Appellate Division, was erroneous as a matter of law.

There is no merit to plaintiff’s contention that as a matter of law the contract required the painting of only those areas of the boiler room disturbed by its construction work. The…