Legal Opinion

Laquila Construction, Inc. v. New York City Transit Authority

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

Decided April 19, 2001PublishedCited by 5 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered March 6, 1990, which denied defendant’s motion to dismiss the complaint on the ground that plaintiff failed to comply with alternative dispute resolution in the underlying contract, unanimously reversed, on the law, without costs, motion to dismiss granted. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.

Plaintiff was a contractor engaged by defendant Transit Authority to excavate for new subway facilities in lower Manhattan. The contract provided that disputes were to be resolved…

2Cases cited5 opinions

  1. Westinghouse Electric Corp. v. New York City Transit AuthorityNew York Court of Appeals · 1993
  2. In re the Arbitration between Cross & Brown Co. & NelsonAppellate Division of the Supreme Court of the State of New York · 1957
  3. Yonkers Contracting Co., Inc. v. Port Auth. Trans-Hudson Corp.New York Court of Appeals · 1996
  4. Ferguson Electric Co. v. Kendal at Ithaca, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  5. Skanska Tunneling, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by5 opinions

  1. Hottle v. BDO Seidman, LLPSupreme Court of Connecticut · 2004
  2. Excel Group, Inc. v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
  3. Cal-Tran Associates, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  4. JCH Delta Contracting, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
  5. Greenwald v. WeisbaumNew York Supreme Court · 2004

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