Legal Opinion

Birk Iron Works, Inc. v. Van Tulco, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 3, 1991PublishedCited by 2 opinions

1Opinion of the Court

Order and judgment (one paper), Supreme Court, New York County (Robert W. Coutant, J.), entered October 26,1990, after a non-jury trial, which awarded damages in favor of plaintiff and against defendants in the amount of $62,749.63, inclusive of interest and costs, is unanimously affirmed, with costs.

Defendant, as general contractor for the New York City Department of Sanitation for the construction of a marine waste transfer station, hired plaintiff as a subcontractor. During construction, the City deleted and modified one of the items subcontracted to plaintiff. Defendant passed on the…

2Cases cited4 opinions

  1. Schuler-Haas Electric Co. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1976
  2. Schuler-Haas Electric Corp. v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1975
  3. Grossman Steel & Aluminum Co. v. Samson Window Corp.Appellate Division of the Supreme Court of the State of New York · 1980
  4. Grossman Steel & Aluminum Corp. v. Samson Window Corp.New York Court of Appeals · 1981

3Cited by2 opinions

  1. Minelli Construction Co. v. Volmar Construction, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  2. Adirondack Classic Design, Inc. v. FarrellAppellate Division of the Supreme Court of the State of New York · 2020

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