Legal Opinion

Joseph F. Egan, Inc. v. City of New York

New York Court of Appeals

Decided February 24, 1966PublishedCited by 30 opinions

1Opinion of the CourtKeating, J.

In this contract action, the plaintiff seeks to recover the stipulated reasonable value of extra work performed on a construction job, and damages allegedly resulting from delays in the progress of the construction schedule due to the defendant’s fault.

A judgment of the Supreme Court awarding the plaintiff $23,951.88 on the extra work claim, and $120,000 on the delay claim, after trial with a jury, has been reversed by the Appellate Division, and the complaint has been dismissed.

Dismissal of the extra work claim is predicated on plaintiff’s failure to comply with the “ notice ” and “ protest…

2Cases cited2 opinions

  1. Abells v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1896
  2. Rinehart & Dennis Co. v. City of New YorkNew York Court of Appeals · 1933

3Cited by30 opinions

  1. J. Richard Dirose v. Pk Management Corp., Nicholas A. Demare, Frank Ciccarelli, John S. Russo, Harry Kursh, Anthony Curatolo and Jerome DanskerCourt of Appeals for the Second Circuit · 1982
  2. Chase Manhattan Bank, N. A. v. NatarelliNew York Supreme Court · 1977
  3. City of Miami v. KoryDistrict Court of Appeal of Florida · 1981
  4. VKK Corp. v. National Football LeagueCourt of Appeals for the Second Circuit · 2001
  5. Teachers Insurance & Annuity Ass'n of America v. Wometco Enterprises, Inc.District Court, S.D. New York · 1993

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