Legal Opinion
Phoenix Corp. v. U.W. Marx, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 9, 2009PublishedCited by 4 opinions
1Opinion of the CourtStein, J.
Appeal from an order of the Supreipe Court (Doyle, J.), entered April 9, 2008 in Rensselaer County, upon a decision of the court in favor of plaintiff.
Plaintiff was hired as a subcontractor by defendant U.W. Marx, Inc. (hereinafter defendant) to install steel reinforcement on a fast-track construction project pursuant to a written subcontract executed by the parties. It is undisputed that plaintiffs contemplated start date was delayed for a variety of reasons, all unrelated to plaintiff.
Shortly after plaintiff finally began its work with an initial crew of six workers and an anticipated…
Also in this document: Concurrence.
2Cases cited8 opinions
- Rose v. Spa Realty AssociatesNew York Court of Appeals · 1977
- Austin v. BarberAppellate Division of the Supreme Court of the State of New York · 1996
- Charles T. Driscoll Masonry Restoration Co. v. County of UlsterAppellate Division of the Supreme Court of the State of New York · 2007
- Pau v. BellaviaAppellate Division of the Supreme Court of the State of New York · 1988
- Weaver v. AcamporaAppellate Division of the Supreme Court of the State of New York · 1996
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3Cited by4 opinions
- Utility Services Contracting, Inc. v. Monroe County Water AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- J. Triple S., Inc. v. Aero Star Petroleum, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
- Del Gallo Country Pools, Inc. v. KulbakoAppellate Division of the Supreme Court of the State of New York · 2019
- UTILITY SERVICES CONTRACTING, INC. v. MONROE COUNTY WATER AUTHORITYAppellate Division of the Supreme Court of the State of New York · 2011