Legal Opinion
Ferran Concrete Co. v. Facilities Development Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 2, 1978PublishedCited by 10 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court at Special Term, entered Séptember 13, 1976 in Albany County, which denied a motion for summary judgment dismissing the complaint. The plaintiff and the Health and Mental Hygiene Facilities Improvement Corporation (now the defendant) entered into a contract on September 30, 1971 whereby the plaintiff agreed to perform certain construction for a certain sum of money. The contract contained the customary provision whereby acceptance of the last payment on the contract, except retainage, by the plaintiff would be a complete release of defendant "from all…
2Cases cited4 opinions
- Buffalo Electric Co. v. StateNew York Court of Appeals · 1964
- Fredburn Construction Corp. v. City of New YorkNew York Court of Appeals · 1939
- Brandt Corp. v. City of New YorkNew York Court of Appeals · 1964
- C. B. Strain & Son, Inc. v. State of New York Health & Mental Hygiene Facilities Improvement Corp.Appellate Division of the Supreme Court of the State of New York · 1977
3Cited by10 opinions
- Ritangela Construction Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1992
- Eastern Rock Products, Inc. v. StateNew York Court of Claims · 1981
- Lancaster Development, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1989
- Kembridge Corp. v. StateNew York Court of Claims · 1979
- HRL Union Avenue Corp. v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1996
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