George A. Nole & Son, Inc. v. Clinton Central School District

Appeal from an order of the Supreme Court, Oneida County (Samuel D. Hester, J.), entered June 2, 2006. The order denied defendant’s motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum:

Plaintiff contracted with defendant to perform construction work on certain schools but was unable to meet the scheduled completion date. By letter dated November 10, 2003, plaintiff requested a “Change Order for impact…