Legal Opinion

Lowy & Donnath, Inc. v. City of New York

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

Decided December 27, 1983PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J.

Lowy & Donnath, Inc., appeals from the dismissal, after a nonjury trial, of its complaint, which had sought to recover $19,043.21, representing the reasonable value of labor and materials furnished to T. Moriarty & Son, Inc., the general contractor under a public improvement contract with the City of New York.*

On or about August 14, 1979, the City of New York, acting by the New York City Transit Authority, and Moriarty entered into a time and material contract with an upset price of $744,400 for the rehabilitation of emergency wells in an area located at Lenox…

2Cases cited11 opinions

  1. Kirke La Shelle Co. v. Paul Armstrong Co.New York Court of Appeals · 1933
  2. M. O'Neil Supply Co. v. Petroleum Heat & Power Co.New York Court of Appeals · 1939
  3. Simon v. . EtgenNew York Court of Appeals · 1915
  4. Schuler-Haas Electric Co. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1976
  5. Schuler-Haas Electric Corp. v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1975

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3Cited by12 opinions

  1. Bank of New York v. Amoco Oil Co.Court of Appeals for the Second Circuit · 1994
  2. Ellenberg Morgan Corp. v. Hard Rock Cafe AssociatesAppellate Division of the Supreme Court of the State of New York · 1986
  3. Norwest Financial, Inc. v. FernandezDistrict Court, S.D. New York · 2000
  4. Action Interiors, Inc. v. Component Assembly Systems Inc.Appellate Division of the Supreme Court of the State of New York · 1988
  5. In Re of Proceeding Between National Basketball Ass'n & New York Knickerbockers Basketball ClubDistrict Court, S.D. New York · 1986

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