Crenulated Co. v. City of New York, 244 A.D.2d 191 (N.Y. App. Div. 1st Dep't 1997). · Go Syfert
Crenulated Co. v. City of New York, 244 A.D.2d 191 (N.Y. App. Div. 1st Dep't 1997). Cases Citing This Book View Copy Cite
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Crenulated Company, Ltd.
v.
City of New York, Acting by and through Its Department of Housing Preservation and Development, Defendant City of New York, Third-Party v. Lehrer McGovern Bovis Constr. Mgt. Corp., Third-Party Defendant-Respondent
Appellate Division of the Supreme Court of the State of New York.
Nov 13, 1997.
Published opinion
244 A.D.2d 191
Published

—Order, Supreme Court, New York County (Jane Solomon, J.), entered September 30, 1996, which granted third-party defendant’s motion for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

The motion court properly characterized the claims asserted in the main action as involving alleged defective workmanship by particular contractors and, thereupon, properly dismissed the third-party complaint. Giving the language of the parties’ agreement its plain meaning (see, American Express Bank v Uniroyal, Inc., 164 AD2d 275, 277, lv denied 77 NY2d 807), the applicable portion of section 4.13, providing that the third-party defendant “shall not be responsible for the cost of correcting defective Work performed by Contractors” is unambiguous (see, W.W.W. Assocs. v Giancontieri, 77 NY2d 157, 162). Mere assertion that contractual language is ambiguous is insufficient to raise an issue of fact (see, Lake Constr. & Dev. Corp. v City of New York, 211 AD2d 514, 515). Concur—Ellerin, J. P., Nardelli, Rubin and Mazzarelli, JJ.