Legal Opinion

G. H. Dorety Construction, Inc. v. Joseph Francese, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided July 2, 1998PublishedCited by 4 opinions

1Opinion of the Court

—Mikoll, J. P.

Appeal from an order of the Supreme Court (Canfield, J.), entered November 24, 1997 in Rensselaer County, which denied defendants’ motion to dismiss the complaint for failure to state a cause of action.

This action arises out of a contract for the construction of an elementary school in the City of Troy, Rensselaer County, entered into in July 1991 between the Enlarged City School District of Troy (hereinafter the District) and defendant Joseph Francese, Inc., as general contractor. The contract provided for completion within an estimated 395 days. In October 1991, Francese…

2Cases cited4 opinions

  1. De Pan v. First National BankAppellate Division of the Supreme Court of the State of New York · 1983
  2. Esposito-Hilder v. SFX Broadcasting, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  3. Dunn v. Commercial Union Insurance Co. of New YorkAppellate Division of the Supreme Court of the State of New York · 1967
  4. Hejna v. ReillyAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by4 opinions

  1. Woodhill Electric v. Jeffrey Beamish, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Davis v. Cornerstone Telephone Co.Appellate Division of the Supreme Court of the State of New York · 2009
  3. Bergler v. BerglerAppellate Division of the Supreme Court of the State of New York · 2001
  4. Members of the Dekalb Ave. Condominium Assn. v. KleinAppellate Division of the Supreme Court of the State of New York · 2019

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