Legal Opinion
Oriskany Falls Fuel, Inc. v. Finger Lakes Gas Co.
Appellate Division of the Supreme Court of the State of New York
Decided October 7, 1992PublishedCited by 7 opinions
1Opinion of the Court
— Order unanimously affirmed with costs. Memorandum: Plaintiff entered into a contract to construct and install a gas distribution line for defendant. Item A660.22 of the accepted bid schedule, relating to restoration of sidewalk, roadway and lawn areas, sets forth approximate quantities. A note to the item provides: "The actual quantities * * * shall be determined in the field during installation * * *. The contractor shall be paid on actual quantities installed.” Plaintiff performed asphalt restoration work on the roadway that used asphalt in excess of the estimated quantities in the bid…
2Cases cited4 opinions
- Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
- Mallad Construction Corp. v. County Federal Savings & Loan Ass'nNew York Court of Appeals · 1973
- Davis v. WegAppellate Division of the Supreme Court of the State of New York · 1984
- Day v. DayAppellate Division of the Supreme Court of the State of New York · 1985
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- Harmon v. Hotel Syracuse, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Matijiw v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 2005
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