Cherco, Inc. v. Town Square Mall Associates, Inc.

Appeal from an order of the Supreme Court (Rose, J.), entered December 10, 1996 in Broome County, which granted defendants’ motion for summary judgment dismissing the complaint.

This action alleges nonpayment in connection with plaintiffs work on defendants’ project known as Town Square Mall in the Town of Vestal, Broome County. It remains undisputed that there were at least two contracts between these parties, one for $235,000 and the second for $225,000. Plaintiff contends that defendants asked it to perform work outside of the scope of such contracts in return for additional compensation…