Legal Opinion

Fehlhaber Corp. v. State

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

Decided November 1, 1972No. Claim No. 47387PublishedCited by 5 opinions

1Opinion of the Court

Appeal from a judgment in favor of the claimants entered upon a decision of the Court of Claims (63 Misc 2d 298). The State appeals only from that portion of the judgment which deals with the pile driving for this highway construction job. The contract required that “ the contractor shall furnish and construct open-ended tubular piles”, which were to be filled with concrete after they were in place. According to the contract, the methods and equipment to be used in installing the piles were the responsibility of the contractor. At a preconstruction meeting, claimants requested that they be…

2Cases cited2 opinions

  1. Charles Meads & Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1920
  2. Fehlhaber Corp. v. StateNew York Court of Claims · 1970

3Cited by5 opinions

  1. Pjetri v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1991
  2. Bailey Construction Co. v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1976
  3. Kalisch-Jarcho, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
  4. Pjetri v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1991
  5. Triple Cities Construction Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1992

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