Opinion
No. 50 SSM 47.
Decided January 15, 2009.
APPEAL from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered August 26, 2008. The Appellate Division, with two Justices dissenting, (1) affirmed a judgment of the Supreme Court, New York County (Richard B. Lowe, III, J.), which had awarded plaintiff the principal sum of $1,251,895, and (2) dismissed, as subsumed in the appeal from the judgment, an appeal from an order of that court to the extent that it had denied, in part, defendant's motion to set aside the jury's verdict.
In 1999, plaintiff entered into a maintenance agreement with defendant. At trial, evidence was presented that defendant advised plaintiff in 2001 by letter that it wanted to retain plaintiffs emergency repair services and requested a quote for the cost of retaining those services. Plaintiff provided defendant a quote by letter, and defendant utilized the services without interposing any objection to the price quoted.
The Appellate Division majority concluded that the jury could have reasoned that plaintiffs letter set forth its yearly fee, and that defendant accepted the offer without objection and subsequently ordered continuation of plaintiffs emergency services.
Trinity Assoc., Inc. v Telesector Resources Group, Inc., 54 AD3d 280, affirmed.
Dewey LeBoeuf, New York City ( Alan B. Howard of counsel), and Ledy-Gurren Bass Siff, LLP ( Nancy Ledy-Gurren of counsel), for appellant.
Greenfield Stein Senior, LLP, New York City ( Paul T. Shoemaker of counsel), for respondent.
Before: Acting Chief Judge CIPARICK and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES.
OPINION OF THE COURT
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. Evidence supports the jury's conclusions that the 2001 correspondence modified the 1999 agreement and that defendant Verizon Services Group, Inc. breached the agreement as modified.