D. Lambert Railing Co. v. County of Suffolk

OPINION OF THE COURT

Thomas M. Stark, J.

In this action for a money judgment (and, in effect, to compel defendant to adjust a contract between Lizza Industries, Inc. and the county) plaintiff moves to dismiss the three affirmative defenses pled by the county. The county cross-moves for summary judgment dismissing the complaint.

In June, 1973, defendant entered into a contract with Lizza Industries, Inc. for the construction of County Road 105, Cross River Drive (contract 5010). Plaintiff became a subcontractor of Lizza for the supply and installation of item 33 D, galvanized steel beam type…