Mezzacappa Bros. v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered October 18, 2004, which granted defendant’s motion to amend its answer to assert an affirmative defense based on contract, and thereupon granted summary judgment dismissing the complaint, unanimously affirmed, without costs.
The parties entered into a contract in 1995 for the delivery and installation of water mains and appurtenances. The contract was subsequently extended to May 2, 1997, after which defendant rescinded all remaining work orders. After an unsuccessful effort to obtain another extension of the contract,…
2Cases cited4 opinions
- Edenwald Contracting Co. v. City of New YorkNew York Court of Appeals · 1983
- Oppenheimer & Co. v. Oppenheim, Appel, Dixon & Co.New York Court of Appeals · 1995
- A.H.A. General Construction, Inc. v. New York City Housing AuthorityNew York Court of Appeals · 1998
- City of New York v. Port Authority of New York & New JerseyAppellate Division of the Supreme Court of the State of New York · 2001
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