Legal Opinion
Barsotti's, Inc. v. Consolidated Edison Co. of New York, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided October 27, 1998PublishedCited by 12 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Lewis Friedman, J.), *212entered on or about July 10, 1997, which, to the extent appealed from as limited by plaintiffs brief, held that the subject contract barred plaintiffs recovery for alleged extra work that was not ordered or directed, either orally or in writing, by defendant, unanimously modified, on the law, to hold that the conduct of the parties can also evidence a waiver of the contract provisions requiring written authorization or notice of claims, and otherwise affirmed, without costs.
“Under New York law, oral directions to perform extra work,…
2Cases cited5 opinions
- A.H.A. General Construction, Inc. v. New York City Housing AuthorityNew York Court of Appeals · 1998
- Austin v. BarberAppellate Division of the Supreme Court of the State of New York · 1996
- Huff Enterprises, Inc. v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 1993
- Davis Accoustical Corp. v. National Surety Corp.Appellate Division of the Supreme Court of the State of New York · 1966
- United States Ex Rel. Evergreen Pipeline Construction Co. v. Merritt-Meridian Construction Corp.District Court, S.D. New York · 1995
3Cited by12 opinions
- Shubert v. Lucent Technologies Inc. (In Re Winstar Communications, Inc.)United States Bankruptcy Court, D. Delaware · 2005
- Spectrum Painting Contractors, Inc. v. Kreisler Borg Florman General Construction Co.Appellate Division of the Supreme Court of the State of New York · 2009
- Penava Mechanical Corp. v. Afgo Mechanical Services, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Northgate Electric Corp. v. Barr & Barr, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- CNP Mechanical, Inc. v. Allied Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
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