By: Daily Record Staff//September 25, 2023
By: Daily Record Staff//September 25, 2023//
New York State Supreme Court, Appellate Division, Fourth Judicial Department
Breach of contract
Termination provisions – Written terms
Appealed from Supreme Court, Erie County
Background: The plaintiff commenced a breach of contract action arising from a contract for snow removal services. The plaintiff appealed from the grant of summary judgment to the defendant.
Ruling: The Appellate Division reinstated the complaint. The court noted that the termination for completion provision required notice to the plaintiff and that no damages shall arise from the termination of the contract. The court noted that while the plaintiff received notice of termination, it was a not pursuant to the 30-day requirement of the termination provision. Thus, it was in error to conclude that the defendant met its burden for summary judgment.
Richard A. Grimm II, of Magavern Magavern Grimm, for the plaintiff-appellant; Paul G. Joyce, of Colucci & Gallaher, for the defendant-respondent.