Lebanon Valley Landscaping, Inc. v. Town of Nassau
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtYesawich Jr., J.
Appeal from a judgment of the Supreme Court (Spain, J.), entered May 11, 1992 in Rensselaer County, upon a decision of the court in favor of plaintiff.
On January 15, 1990, after soliciting and receiving bids, defendant awarded its 1990 sand and gravel contract to plaintiff. After taking delivery of several loads, defendant decided that the quality of materials supplied was unsatisfactory and re-bid the contract. Plaintiff brought this action sounding in breach of contract. Following a bench trial Supreme Court found that, inasmuch as plaintiff was afforded no opportunity to cure, defendant’s…
2Cases cited4 opinions
- Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
- Aqua Dredge, Inc. v. Little Harbor Sound Civic Improvement Ass'nAppellate Division of the Supreme Court of the State of New York · 1985
- Frink v. Town of Amenia, New York County Courts1977
- Town of Smithtown v. Jet Paper Stock Corp.Appellate Division of the Supreme Court of the State of New York · 1992
3Cited by8 opinions
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- ADC Contracting & Construction, Inc. v. Town of SouthamptonAppellate Division of the Supreme Court of the State of New York · 2007
- Adrian v. Town of YorktownCourt of Appeals for the Second Circuit · 2009
- Steimel v. Incorporated Village of Rockville CentreDistrict Court, E.D. New York · 1997
- Adrian v. Town of YorktownCourt of Appeals for the Second Circuit · 2009
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