Legal Opinion
Kalisch-Jarcho, Inc. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided March 1, 1988PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Rosenberger, J.
In this contract dispute between appellant, the City of New York, and respondent, a private plumbing contractor, we are called upon to determine the continuing vitality of the longstanding rule enunciated in Borough Constr. Co. v City of New York (200 NY 149 [1910]), and to strike a balance between the conflicting interests of the municipality in ensuring timely completion of public projects and of the private contractor in preserving contractual limits on the risks it has assumed. Respondent was ordered to perform certain work which, according to the…
2Cases cited4 opinions
- Borough Construction Co. v. City of New YorkNew York Court of Appeals · 1910
- Weil Plumbing Corp. v. State of New YorkNew York Court of Appeals · 1944
- Fehlhaber Corp. v. StateNew York Court of Claims · 1970
- Fehlhaber Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1972
3Cited by3 opinions
- Kalisch-Jarcho, Inc. v. City of New YorkNew York Court of Appeals · 1988
- Thomas Crimmins Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
- Fowler Electric Co. v. StateNew York Court of Claims · 1989