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Omni Contracting Co. v. City of N.Y

Appellate Division of the Supreme Court of New York, Second Department
May 3, 2011
84 A.D.3d 763 (N.Y. App. Div. 2011)

Opinion

No. 2009-10136.

May 3, 2011.

In an action to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Kerrigan, J.), dated September 25, 2009, as granted that branch of the defendants' motion which was for summary judgment dismissing the complaint.

Feinstein Nisnewitz, P.C., Bayside, N.Y. (Neil H. Angel and Craig M. Nisnewitz of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York, N.Y. (Francis F. Caputo, Susan Paulson, and Bob Bailey of counsel), for respondents.

Before: Skelos, J.P., Leventhal, Sgroi and Miller, JJ.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff commenced this action to recover damages for breach of a construction contract. The defendants moved, inter alia, for summary judgment dismissing the complaint on the ground that the plaintiff was not entitled to recover damages since the defendants were fraudulently induced to enter into the construction contract ( see S.T. Grand, Inc. v City of New York, 32 NY2d 300, 305; Christ Gatzonis Elec. Contr. v New York City School Constr. Auth., 297 AD2d 272; Prote Contr. Co. v New York City School Constr. Auth. [Christopher Columbus H.S.], 248 AD2d 693). The defendants established their prima facie entitlement to judgment as a matter of law by submitting evidence that the plaintiff made false statements on a vendor information exchange and on certifications of no change, with the intent of deceiving the defendants as to the plaintiffs posture as the lowest responsible bidder so as to induce the defendants to act upon those false statements, thereby causing injury to the extent that the defendants were unable to make an informed decision as to which contractor was in fact the lowest responsible bidder ( see Prote Contr. Co. v New York City School Constr. Auth. [Christopher Columbus H.S.], 248 AD2d 693; see generally Dong Sheng Lu v Equitable Co., 6 AD3d 650). In opposition, the plaintiff failed to raise a triable issue of fact.

The plaintiffs remaining contentions are without merit.

Accordingly, the Supreme Court properly granted that branch of the defendants' motion which was for summary judgment dismissing the complaint.


Summaries of

Omni Contracting Co. v. City of N.Y

Appellate Division of the Supreme Court of New York, Second Department
May 3, 2011
84 A.D.3d 763 (N.Y. App. Div. 2011)
Case details for

Omni Contracting Co. v. City of N.Y

Case Details

Full title:OMNI CONTRACTING COMPANY, INC., Appellant, v. CITY OF NEW YORK et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 3, 2011

Citations

84 A.D.3d 763 (N.Y. App. Div. 2011)
2011 N.Y. Slip Op. 3820
922 N.Y.S.2d 795

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