Turner Construction Co. v. OC Iron Works, Inc.

Order, Supreme Court, New York County (Ira Gammerman, J.H.O.), entered December 2, 2004, which, to the extent appealed from as limited by the briefs, granted plaintiffs motion for partial summary judgment on the issue of liability, unanimously affirmed, with costs.

Plaintiff’s entitlement to partial summary judgment on liability was supported by undisputed facts and testimonial admissions. Defendant failed to establish the elements of adhesion in this commercial subcontract between sophisticated parties. There is no showing that the parties had any legal obligation to contract with one another…