Legal Opinion

Thalle Construction Co. v. City of New York

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

Decided December 15, 1998PublishedCited by 5 opinions

1Opinion of the Court

—Order, Supreme *158Court, New York County (Salvador Collazo, J.), entered August 14, 1997, which granted the motion of defendant City of New York for partial summary judgment dismissing plaintiffs second cause of action, and denied plaintiffs cross motion for summary judgment upon the same cause, unanimously affirmed, without costs.

Plaintiffs second cause of action for damages occasioned by defendant City’s insistence upon plaintiff contractor’s use of compressed air during construction performed pursuant to the parties’ agreement below the water table, was properly dismissed. Section 5.37.3 (B)…

2Cases cited3 opinions

  1. Kalisch-Jarcho, Inc. v. City of New YorkNew York Court of Appeals · 1983
  2. Lake Construction & Development Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
  3. Acme Builders, Inc. v. Facilities Development Corp.New York Court of Appeals · 1980

3Cited by5 opinions

  1. P & N Investments, LLC, d/b/a Dickey's Barbecue Pit v. Frontier Mall Associates, LPWyoming Supreme Court · 2017
  2. Cipico Construction, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2001
  3. Delidakis Construction Co. v. City of New YorkNew York Supreme Court · 2005
  4. Lakhi General Contractor, Inc. v. New York City School Construction AuthorityAppellate Division of the Supreme Court of the State of New York · 2017
  5. P & N Investments, LLC, d/b/a Dickey's Barbecue Pit v. Frontier Mall Associates, LPWyoming Supreme Court · 2017

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