P. J. Carlin Construction Co. v. Whiffen Electric Co.

Order of the Supreme Court, New York County, entered July 22, 1977, granting defendant’s motion for summary judgment, dismissing the complaint and directing entry of judgment for defendant, unanimously reversed, on the law, with $75 costs and disbursements of this appeal payable to appellant, and the motion denied. In this action seeking damages for breach of contract, the affidavit of plaintiff’s president and exhibits submitted by plaintiff in opposition to defendant’s motion raise a triable issue of fact as to whether an oral agreement was made between plaintiff, general contractor, and…