Pizzarotti, LLC v MDB Dev. Corp.

Holding The court affirmed the award of retainage damages without a trial because the plaintiff failed to raise a triable issue of fact regarding defects. However, it vacated the judgment regarding requisition number 10 and remanded for a trial because conflicting versions of the document created factual disputes over the damages amount and interest accrual date.

The court’s words

Once defendant substantially performed its contractual obligations, it was entitled to the retainage less the cost of any correction of defects in its performance

2026 NY Slip Op 06539, at the official text

It is unclear from the record which version of requisition number 10 is controlling, and thus the principal amount of damages and the interest accrual date for requisition number 10 cannot be determined as a matter of law

2026 NY Slip Op 06539, at the official text

Accordingly, it cannot be said that any issue regarding requisition number 10 was actually litigated and decided

2026 NY Slip Op 06539, at the official text