Legal Opinion

Triangle Sheet Metal Works, Inc. v. JAMES H. MERRITT & CO.

New York Court of Appeals

Decided December 19, 1991PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

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

Plaintiff Triangle Sheet Metal Works, Inc. (Triangle) — a subcontractor on a New York City public works project— commenced this action against defendant James H. Merritt and Co. (Merritt) — the prime contractor by which it had been hired, seeking damages for various delays in the performance of its subcontract. At the close of Triangle’s case, the trial court granted Merritt’s motion to dismiss, concluding that Triangle had failed to make out a prima facie case since it had not offered any…

2Cases cited4 opinions

  1. Grad v. RobertsNew York Court of Appeals · 1964
  2. Norcross v. . WillsNew York Court of Appeals · 1910
  3. McGrath v. Electrical Construction Co.Oregon Supreme Court · 1961
  4. Doyle & Russell, Inc. v. Welch Pile Driving Corp.Supreme Court of Virginia · 1973

3Cited by20 opinions

  1. Travelers Casualty & Surety Co. v. Dormitory Authority-StateDistrict Court, S.D. New York · 2010
  2. Barry, Bette & Led Duke, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1998
  3. Mid-State Precast Systems, Inc. v. Corbetta Construction Co.Appellate Division of the Supreme Court of the State of New York · 1994
  4. Bovis Lend Lease LMB, Inc. v. GCT Venture, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
  5. Schiavone Construction Co. v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 1994

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