L&L Painting Co., Inc. v Contract Dispute Resolution Bd. of the City of N.Y., 14 NY3d 827 (2010)

2010 NY Slip Op 03475 [14 NY3d 827]
April 29, 2010
Court of Appeals

[*1]

In the Matter of 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.

{**14 NY3d at 828} OPINION OF THE COURT

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.