Kalisch-Jarcho, Inc. v. City of New York
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Kaye, J.
This appeal centers on a New York City contract provision requiring a contractor during a construction project to perform disputed work directed by the City and postpone any claim for additional compensation until after completion of the work. While the contractor urges that this provision violates the public policy articulated in Borough Constr. Co. v City of New York (200 NY 149), which protects against collusive claims for extra work, we conclude that the concern expressed in Borough is inapplicable here. The contractual procedure for resolving disputed work…
2Cases cited10 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- James v. Alderton Dock Yards, Ltd.New York Court of Appeals · 1931
- Kalisch-Jarcho, Inc. v. City of New YorkNew York Court of Appeals · 1983
- Borough Construction Co. v. City of New YorkNew York Court of Appeals · 1910
- Walsh v. AndornNew York Court of Appeals · 1974
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3Cited by28 opinions
- Westinghouse Electric Corp. v. New York City Transit AuthorityDistrict Court, S.D. New York · 1990
- S.S.D.W. Co. v. Brisk Waterproofing Co.New York Court of Appeals · 1990
- 333 Cherry LLC v. Northern Resorts, Inc.Appellate Division of the Supreme Court of the State of New York · 2009
- Main Evaluations, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 2002
- A.I. Smith Electrical Contractors, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1992
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