Legal Opinion
Delidakis Construction Co. v. City of New York
New York Supreme Court
Decided August 1, 2005PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
Karia Moskowitz, J.
In this dispute over delays at a municipal construction site, defendant City of New York moves, pursuant to CPLR 3211 (a) (1), (2), (5) and (7), to dismiss the fourth and fifth causes of action of plaintiff contractor’s complaint on the ground that the claims are time-barred. In addition, the City argues that the fourth cause of action is based on the equitable doctrine of quantum meruit and, therefore, requires dismissal, because there exists a valid written contract governing the subject matter of the parties’ dispute.
In February 1994, plaintiff…
2Cases cited17 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
- New York Rapid Transit Corp. v. City of New YorkSupreme Court of the United States · 1938
- People v. KanNew York Court of Appeals · 1991
- Two Guys v. S.F.R. Realty AssociatesNew York Court of Appeals · 1984
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3Cited by1 opinion
- Delidakis Construction Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006