| L&L Painting Co., Inc. v Contract Dispute Resolution Bd. of the City of N.Y. |
| 2010 NY Slip Op 03475 [14 NY3d 827] |
| April 29, 2010 |
| Court of Appeals |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| As corrected through Wednesday, June 2, 2010 |
| L&L Painting Co., Inc., et al., Appellants, v Contract Dispute Resolution Board of the City of New York et al., Respondents. |
Decided April 29, 2010
L&L Painting Co., Inc. v Contract Dispute Resolution Bd. of the City of N.Y., 68 AD3d 594, affirmed.
APPEARANCES OF COUNSEL
Georgoulis & Associates PLLC, New York City (Michael McDermott of counsel), for appellants.
Michael A. Cardozo, Corporation Counsel, New York City (Alan G. Krams of counsel), for respondents.
Memorandum.
The order of the Appellate Division should be affirmed, with costs. The City of [*2]New York Contract Dispute Resolution Board rationally determined that a discrepancy between a diagram and notes on the contract drawing that is the subject of this dispute created an ambiguity in the contract terms, which petitioner L&L Painting Co., Inc. failed to clarify prior to bidding as the contract required. Therefore, the Board rationally disapproved the claim for additional compensation.
Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.