Legal Opinion
Batavia Kill Watershed District v. Charles O. Desch, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided November 5, 1981PublishedCited by 16 opinions
1Opinion of the Court
OPINION OF THE COURT
Herlihy, J.
In May of 1973, plaintiff entered into a contract with defendant Charles O. Desch, Inc. (Desch) for the construction of a dam by Desch. A performance bond was issued by defendant Travelers Indemnity Company (Travelers), guaranteeing Desch’s performance.
*98In September of 1974, plaintiff terminated the contract for alleged unsatisfactory performance and thereafter Travelers refused the demand/offer of plaintiff that Travelers complete the contract. Desch instituted an action against plaintiff to recover damages based on the contract and its termination. Plaintiff…
2Cases cited4 opinions
- Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
- Shanley v. Callanan Industries, Inc.New York Court of Appeals · 1981
- Musco v. LupiNew York Supreme Court · 1957
- Shanley v. Callanan Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
3Cited by16 opinions
- Henry Modell & Co. v. MinisterNew York Court of Appeals · 1986
- Classic Automobiles, Inc. v. Oxford Resources Corp.Appellate Division of the Supreme Court of the State of New York · 1994
- Clean Coal Techs., Inc. v. Leidos, Inc.District Court, S.D. Illinois · 2019
- New Paltz Central School District v. Reliance InsuranceAppellate Division of the Supreme Court of the State of New York · 1983
- Batavia Kill Watershed District v. Charles O. Desch, Inc.New York Court of Appeals · 1982
11 more not listed; retrieve them via the Exa API.