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
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 15, 2026 |
| Citation | 2026 NY Slip Op 06036 |
| Area of law | Contracts and Commercial |
| Week | Week ending October 17, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06036 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1295 |
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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