Legal Opinion

Whitmyer Bros., Inc. v. State

New York Court of Appeals

Decided July 3, 1979No. Claim 57565PublishedCited by 32 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

A dispute arose between D. Lambert Railing Co. (Lambert), the subcontractor responsible for the guide rail work of the project to improve the condition of the Cross Westchester Parkway, and the State’s engineer-in-chief with respect to how the preparatory work required to order the necessary materials was to be conducted and the nature of the guide rail work itself. After completion of this work, claimant, the general contractor, instituted this action pursuant to an agreement with Lambert on the…

2Cases cited4 opinions

  1. In re the Estate of RothkoNew York Court of Appeals · 1977
  2. D'Angelo v. StateNew York Court of Appeals · 1976
  3. D'Angelo v. StateAppellate Division of the Supreme Court of the State of New York · 1973
  4. D'Angelo v. StateAppellate Division of the Supreme Court of the State of New York · 1974

3Cited by32 opinions

  1. Arch Insurance v. Precision Stone, Inc.Court of Appeals for the Second Circuit · 2009
  2. S. Leo Harmonay, Inc. v. Binks Manufacturing Co.District Court, S.D. New York · 1984
  3. United States ex rel. Evergreen Pipeline Construction Co. v. Merritt Meridian Construction Corp.Court of Appeals for the Second Circuit · 1996
  4. Najjar Industries, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982
  5. Manshul Construction Corp. v. Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 1981

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