Silverite Construction Co. v. Facilities Development Corp.

Appeal from an order of the Supreme Court (Hughes, J.), entered September 20, 1990 in Albany County, which denied plaintiffs motion for summary judgment, inter alia, dismissing defendant’s third affirmative defense.

Plaintiff and defendant contracted to have the former construct the Dutchess County Jail and Sheriffs Department project in the City of Poughkeepsie. Contractual disputes arose between the parties and plaintiff commenced this action claiming defendant’s breach of their contract. Defendant submitted an answer which included the affirmative defense that it had been released from all…