In Kibler v. Gillard Constr., Inc. , Stephen Kibler sued Gillard Construction, Inc. (GCI) and its
Kibler hired GCI to build a single-family home. Although the company successfully constructed the structure, Kibler alleged GCI failed "to provide for positive drainage," or "to construct the home in accordance with applicable building codes." He also alleged GCI was negligent in fulfilling the contract's terms.
When the Orleans County Supreme Court granted GCI's request to dismiss the case, Kibler appealed to the Appellate Division, Fourth Department, which modified the outcome.
Because the parties' agreement failed to define "positive drainage," GCI couldn't show the term was unambiguous. Without a clear definition, that aspect of the dispute couldn't be resolved on the parties' submissions and a formal hearing or trial was required.
But since the town's code enforcement officer submitted an unrefuted affidavit, which attested to the company's compliance with all laws, the AD4 was of the view GCI was entitled to dismissal of the remaining parts of Kibler's case.
That must have been draining.
To download a copy of the Appellate Division's decision, please use this link: Kibler v. Gillard Constr., Inc.