Fourth Department – Kovalsky-Carr Electric Supply v. Hartford Casualty Insurance Company

Appellate Division, Fourth Department

Breach of Contract

Summary Judgment

Kovalsky-Carr Electric Supply v. Hartford Casualty Insurance Company

CA 14-01676

Appealed from Supreme Court, Monroe County

Background: The plaintiff commenced an action seeking to recover sums allegedly remaining due to an agreement with the defendant. The State University Construction Fund hired the defendant as the prime contractor for a construction project. The defendant appealed from an order that granted partial summary judgment and dismissed its answer with counterclaims.

Ruling: The Appellate Division affirmed. The court held that the plaintiff established its entitlement to judgment by submitting documents comprising its agreement with the defendant along with evidence establishing that the defendant failed to make the payments required by the terms of the agreement.

Anthony J. Adams, Jr. of Adams Bell Adams for the defendants-appellants; John A. Cirando of Belin, Goldstein & Crane for the plaintiff-respondent