General Contractor Denied Summary Judgment in Dispute Over Moldy Drywall

ROCHESTER, N.Y. - A New York appellate panel has affirmed a denial of summary judgment to a general contractor seeking reimbursement from a subcontractor for wet and moldy drywall, saying the trial court was correct in ruling that questions remain as to whether an alternative dispute resolution in the general contractor's favor was "arbitrary, capricious or erroneous." Staviski v. Christa Construction Inc., et al., Slip App. No. 02984 [No. 001481, Chemung Cty. Sup. Ct.] (N.Y. Sup. Ct., App. Div., 3rd Dept.).

The Supreme Court Appellate Division, Third Department, did reverse the trial court's denial of summary judgment on subcontractor plaintiff …