Legal Opinion
Abiele Contracting, Inc. v. New York City School Construction Authority
New York Court of Appeals
Decided October 28, 1997PublishedCited by 79 opinions
1Opinion of the Court
OPINION OF THE COURT
Smith, J.
The primary issue presented on this appeal is whether a municipal agency’s determination of default and subsequent termination of contract with its general contractor was reviewable only in a CPLR article 78 proceeding, and therefore not subject to a plenary action instituted by the general contractor. We hold that since the municipal agency had neither statu*6tory nor contractual authority to render a quasi-judicial determination, it was not empowered to issue a final and binding determination of default reviewable only in an article 78 proceeding. Thus, a plenary…
2Cases cited16 opinions
- Ryan v. New York Telephone Co.New York Court of Appeals · 1984
- Sutton v. East River Savings BankNew York Court of Appeals · 1982
- Rentways, Inc. v. O'Neill Milk & Cream Co.New York Court of Appeals · 1955
- Allied Chemical v. Niagara Mohawk Power Corp.New York Court of Appeals · 1988
- Thomas Crimmins Contracting Co. v. City of New YorkNew York Court of Appeals · 1989
11 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Novamedix, Limited v. Ndm Acquisition Corporation and Vesta Healthcare, Inc.Court of Appeals for the Federal Circuit · 1999
- Memnon v. CLIFFORD CHANCE US, LLPDistrict Court, S.D. New York · 2009
- USI Insurance Services LLC v. MinerDistrict Court, S.D. New York · 2011
- Steve's Star Service, Inc. v. County of RocklandAppellate Division of the Supreme Court of the State of New York · 2000
- Lawrence v. Town of IrondequoitDistrict Court, W.D. New York · 2002
74 more not listed; retrieve them via the Exa API.