Legal Opinion
Higgins v. Moran
Appellate Division of the Supreme Court of the State of New York
Decided July 14, 1995PublishedCited by 1 opinion
1Opinion of the Court
Judgment unanimously affirmed without costs. Memorandum: We conclude that Supreme Court properly permitted plaintiff building contractor to change his theory of liability from breach of an express contract to breach of an implied contract with respect to the Salt Road project (see, CPLR 3025 [c]; Gonfiantini v Zino, 184 AD2d 368, 369). Defendants failed to show that they were prejudiced thereby and, indeed, presented their own proof of the reasonable value of plaintiffs services (see, Gonfiantini v Zino, supra, at 370; Rothstein v City Univ., 148 Misc 2d 911, 914, affd 194 AD2d 533; cf.,…
2Cases cited5 opinions
- Merrill Lynch Realty/Carll Burr, Inc. v. SkinnerNew York Court of Appeals · 1984
- Gonfiantini v. ZinoAppellate Division of the Supreme Court of the State of New York · 1992
- Rothstein v. City University of New YorkAppellate Division of the Supreme Court of the State of New York · 1993
- Rothstein v. City UniversityNew York Court of Claims · 1990
- Donohue v. MinicucciAppellate Division of the Supreme Court of the State of New York · 1991
3Cited by1 opinion
- Old Oak Realty, Inc. v. PolimeniAppellate Division of the Supreme Court of the State of New York · 1996