Appellate Division of the Supreme Court of New York, 2002

Bat-Jac Contracting, Inc. v. Amagansett Fire District

Appellate Division of the Supreme Court of New York · Decided May 20, 2002

294 A.D.2d 455; 742 N.Y.S.2d 554; 2002 N.Y. App. Div. LEXIS 5183

Cases that cite this one

1 later published case cites this decision.

JLJ Recycling Contractors Corp. v. Town of Babylon (Appellate Division of the Supreme Court of New York 2003)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—In an action to recover damages for breach of contract, the defendant Amagansett Fire District appeals from an amended judgment of the Supreme Court, Suffolk County (Robbins, J.H.O.), entered April 24, 2001, which, after a nonjury trial, is in favor of the plaintiff and against it in the principal sum of $449,001.67.

Ordered that the amended judgment is affirmed, with costs.

Contrary to the defendant Amagansett Fire District’s contention, the Supreme Court properly awarded the plaintiff quantum meruit damages as the defendant improperly termi*456nated the contract prior to substantial completion of the contract (see Carvatt v Lippner, 82 AD2d 818; Paterno & Sons v Town of New Windsor, 43 AD2d 863).

The defendant’s remaining contentions are either academic in light of our determination, or without merit. Feuerstein, J.P., S. Miller, Krausman and Cozier, JJ., concur.

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