Helmer-Cronin Construction, Inc. v. Central School District No. 1

Appeal from an order of the Supreme Court at Special Term, entered June 25, 1975 in Ulster County, which denied defendant’s motion to dismiss the first and second causes of action contained in the complaint. Plaintiff (hereinafter Helmer) and defendant school district (hereinafter Tri-Valley) entered into a contract whereby Helmer agreed to construct a new elementary school for Tri-Valley. A dispute arose during the course of construction between Helmer and the architect as to whether material excavated at the construction site was satisfactory, or whether off-site material was required, for…