Environmental Safety & Control Corp. v. Board of Education of Camden Central School District

There is a triable issue of fact which precludes plaintiff’s claim for partial summary judgment on its claim for additional work (see, Balport Constr. Co. v New York Tel. Co., 111 AD2d 360). The contract provisions with respect to the amount of work to be performed under Alternate #2, which provided for the abatement of asbestos in the dirt floor located in the crawlspace under the school building, are ambiguous. Alternate #2 of the contract appears to require plaintiff to clean 22,867 square feet of dirt floor. Addendum 2 of the contract, however, limits the dirt floor square footage under…