Trinity Associates, Inc. v. Telesector Resources Group, Inc.

Order, Supreme Court, New York County (Richard B. Lowe, III, J.), entered January 10, 2006, which, to the extent appealed from, denied defendant’s motion for partial summary judgment, affirmed, without costs.

Plaintiff, a supplier of electrical power testing and troubleshooting services, entered into an as-ordered maintenance and testing work agreement with defendant that authorized the latter to modify the scope of the work or cancel the contract. After plaintiff had performed under the agreement for a period of time, defendant, instead of choosing to modify the scope of the work or terminate…