Legal Opinion
Kelly Masonry Corp. v. Presbyterian Hospital
Appellate Division of the Supreme Court of the State of New York
Decided April 3, 1990PublishedCited by 3 opinions
1Opinion of the Court
—Order Supreme Court, New York County (David B. Saxe, J.), entered August 21, 1989, granting the motion of defendant The Presbyterian Hospital in the City of New York to dismiss the complaint as against it, unanimously reversed, on the law, without costs or disbursements, the motion denied and the complaint reinstated.
Plaintiff, a masonry subcontractor, seeks to recover monetary damages for uncontemplated construction delays from Presbyterian Hospital in connection with the construction of a medical facility. Presbyterian Hospital, as owner, had entered into a contract with Walsh Construction…
2Cases cited4 opinions
- Alvord & Swift v. Stewart M. Muller Construction Co.New York Court of Appeals · 1978
- Mihlovan v. GrozavuNew York Court of Appeals · 1988
- Greenview Trading Co. v. Hershman & Leicher, P. C.Appellate Division of the Supreme Court of the State of New York · 1985
- Eastern States Electrical Contractors, Inc. v. William L. Crow Construction Co.Appellate Division of the Supreme Court of the State of New York · 1989
3Cited by3 opinions
- Blandford Land Clearing Corp. v. National Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1999
- Barry, Bette & Led Duke, Inc. v. StateNew York Court of Claims · 1996
- Superb General Contracting Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2010