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Appellate Division, First Department · October 15, 2026 · 2026 NY Slip Op 06036

Waterworks Operating Co., LLC v 514 W. 24th Owner LLC

Read the official decision: 2026 NY Slip Op 06036

Holding The court vacated the judgment and remanded the case for further proceedings on damages because the plaintiff failed to meet its prima facie burden of establishing delivery of all materials required by the contract. The court held that evidence submitted in reply papers without an opportunity for rebuttal must be disregarded.

The court’s words

the affidavit must be disregarded (see Doyaga v Camelot Taxi Inc., 102 AD3d 594, 595 [1st Dept 2013])

2026 NY Slip Op 06036, at the official text

the Owner's acceptance of materials delivered pursuant to the change orders, without objection, constituted an implied ratification

2026 NY Slip Op 06036, at the official text
CourtAppellate Division, First Department
DecidedOctober 15, 2026
Citation2026 NY Slip Op 06036
Area of lawContracts and Commercial
WeekWeek ending October 17, 2026
Official textOfficial decision: 2026 NY Slip Op 06036
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1295

Recommended citation

ESQ HQ, New York Law Watch, Waterworks Operating Co., LLC v 514 W. 24th Owner LLC, 2026 NY Slip Op 06036 (Appellate Division, First Department, October 15, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06036/

How this record was made

Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.

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Published October 15, 2026. Updated October 15, 2026.