Legal Opinion
Oakhill Contracting Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided October 31, 1941PublishedCited by 19 opinions
1Opinion of the CourtCallahan, J.
Plaintiff, a contractor, sued defendant, a municipal corporation, in the City Court of the City of New York to recover the value of extra work claimed to have been performed in connection with the construction of a water main.
The defendant’s answer contained a first affirmative defense setting forth that, under a provision in the contract between the parties, defendant was to be released from all claims upon the acceptance by the contractor of final payment. It asserted that plaintiff had accepted $1,608.40 as a final payment. A second defense of accord and satisfaction was pleaded.
A reply…
2Cases cited5 opinions
- Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
- Hopper v. . SageNew York Court of Appeals · 1889
- MacArthur Bros. Company v. . the City of New YorkNew York Court of Appeals · 1918
- MacArthur Bros. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1917
- Robinowitz v. City of White PlainsNew York Court of Appeals · 1936
3Cited by19 opinions
- Genesco Entertainment, a Div. of Lymutt v. KochDistrict Court, S.D. New York · 1984
- Niagara Mohawk Power Corp. v. Graver Tank & Manufacturing Co.District Court, N.D. New York · 1979
- Planet Construction Corp. v. Board of EducationNew York Court of Appeals · 1960
- Rusciano & Son Corp. v. StateNew York Court of Claims · 1952
- Brandt Corp. v. City of New YorkNew York Court of Appeals · 1964
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