Casler Masonry, Inc. v. Barr & Barr, Inc.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered January 15, 2014, to the extent it denied defendant’s motion for summary judgment declaring that change orders No. 2 and No. 13 are “cost plus” change orders and dismissing the cause of action for an account stated, and denied third-party defendant’s motion for summary judgment dismissing the third-party complaint, unanimously affirmed, with costs, and appeal from the part of the order that denied as premature defendant’s motion to preclude plaintiff from offering expert *610testimony at trial as to “fixed price” change…