New England Homes, Inc. v. William Rafferty Associates, Inc.

This matter is before the Appellate Division on the denial of several requests for rulings.

It results from an action of contract in which the plaintiff seeks to recover funds due for labor and materials pursuant to a contract for labor and materials executed between the parties to this action.

The answer filed by the defendant states that the funds are not due until certain wage affidavits are filed by the plaintiff.

The Court found for the defendant on the basis that the contract incorporated by reference certain terms which were included in Exhibit #3 and which required that wage affidavits…