Legal Opinion

Philan Department of the Borden Co. v. Foster-Lipkins Corp.

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

Decided April 19, 1972No. Appeal No. 1PublishedCited by 5 opinions

1Opinion of the Court

Judgment unanimously reversed on the law and facts, with costs, and complaint dismissed. Memorandum: Defendant Foster-Lipkins Corporation, Inc., was the general construction contractor for the construction of Monroe Comity Community College for the defendant County of Monroe. Foster-Lipkins entered into a subcontract in the amount of $180,000 with defendant Mohawk-Homar, Inc., for the painting and wallpapering of the college buildings. Defendant MohawkHomar, Inc., commenced work on the job in August of 1967 and abandoned the job site in the latter part of February, 1968. A telegram canceling…

2Cases cited7 opinions

  1. Van Clief v. . Van VechtenNew York Court of Appeals · 1892
  2. Brainard v. . County of KingsNew York Court of Appeals · 1898
  3. Kelly v. . BloomingdaleNew York Court of Appeals · 1893
  4. Dempsey v. Mount Sinai HospitalAppellate Division of the Supreme Court of the State of New York · 1919
  5. Dempsey v. . Mount Sinai HospitalNew York Court of Appeals · 1920

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3Cited by5 opinions

  1. C.S. Behler, Inc. v. Daly & Zilch, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  2. Staten Island Supply Co. v. Beverly-Glenwood Richmond Corp.Appellate Division of the Supreme Court of the State of New York · 1983
  3. LHV Precast, Inc. v. Woodstock Lawn & Home MaintenanceAppellate Division of the Supreme Court of the State of New York · 2002
  4. Avon Electrical Supplies, Inc. v. C.K. Electric, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  5. M.A.R.S. Homes Inc. v. ChiodoAppellate Division of the Supreme Court of the State of New York · 2000

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