Legal Opinion

Del Balso Construction Corp. v. City of New York

New York Court of Appeals

Decided May 24, 1938PublishedCited by 24 opinions

1Opinion of the CourtFinch, J.

This action arose out of a contract for the construction by plaintiff of a portion of the New York city subway system. The plaintiff was awarded the contract on its bid of $4,654,052, which was the lowest of those submitted by competing bidders.

In addition to the construction of the subway the contract provided for underpinning and demolition work. Accordingly, among those items upon which plaintiff was required to bid unit prices there was a series calling for the underpinning of certain buildings and another series calling for the demolition of specified buildings. Included among the…

2Cases cited4 opinions

  1. In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
  2. Litchfield Construction Co. v. City of New YorkNew York Court of Appeals · 1926
  3. Kinser Construction Co. v. . State of N.Y.New York Court of Appeals · 1912
  4. Kingsley v. . City of BrooklynNew York Court of Appeals · 1879

3Cited by24 opinions

  1. Albert Elia Building Co. v. New York State Urban Development Corp.Appellate Division of the Supreme Court of the State of New York · 1976
  2. Hensler v. City of Los AngelesCalifornia Court of Appeal · 1954
  3. Town of Angelica v. SmithAppellate Division of the Supreme Court of the State of New York · 2011
  4. James A. Jackson, Trading as Jim Jackson v. Sam Finley, Inc.Court of Appeals for the Fifth Circuit · 1966
  5. De Foe Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983

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