1/18/18 Wavertree Corp. v. Bellet Constr. Corp.

Plaintiff, a condominium corporation, sought damages for water damage as well as breach of contract stemming from façade work performed pursuant to contract by Bellet. After the trial judge found a question of fact existed as to the negligence and breach of contract claims against Bellet, the matter proceeded to trial resulting in a defense verdict for Bellet. Plaintiff appealed that portion of the lower court’s decision on the motion for summary judgment as well as the trial court’s determination that a jury should resolve the question of whether plaintiff was entitled to delay damages and attorneys’ fees. The Appellate Division affirmed the motion and trial court’s determination on this issue. The Appellate Division also found that a rational jury could have found, as it did at trial, that the Wavertree waived all claims against Bellet upon final payment without any deductions and that defendant was not at fault for any of the alleged damages claimed by plaintiff based on the evidence at trial. The trial and appellate arguments were handled by Andrea Sacco Camacho and Wendy Jennings.