Legal Opinion

Fruin-Colnon Corp., Traylor Bros. v. Niagara Frontier Transportation Authority

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

Decided June 5, 1992No. Appeal No. 1PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

Denman, P. J.

This dispute arises from a contract between plaintiff, a joint venture consisting of Fruin-Colnon Corporation, Traylor Bros., Inc., and Onyx Construction & Equipment, Inc., and defendant, the Niagara Frontier Transportation Authority. The contract called for plaintiff to excavate and construct twin subway tunnels, each approximately two miles long, as part of the Buffalo light rail rapid transit system. There are three major areas of dispute. The first, the focus of plaintiff’s first cause of action, concerns whether, during its excavation efforts, plaintiff…

2Cases cited5 opinions

  1. United States v. SpearinSupreme Court of the United States · 1918
  2. MacKnight Flintic Stone Co. v. Mayor of New YorkNew York Court of Appeals · 1899
  3. Loschiavo v. Port Auth. of New York & New JerseyNew York Court of Appeals · 1983
  4. Spett v. President Monroe Building & Manufacturing Corp.New York Court of Appeals · 1967
  5. Early v. O'BrienAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by18 opinions

  1. Iacobelli Construction, Inc. v. County of Monroe, Rochester Pure Waters District, and Calocerinos & Spina Consulting Engineers, P.C.Court of Appeals for the Second Circuit · 1994
  2. HAYWARD BAKER, INC. v. C.O. FALTER CONSTRUCTION CORP.Appellate Division of the Supreme Court of the State of New York · 2013
  3. Huff v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2009
  4. Paragon Restoration Group, Inc. v. Cambridge Square CondominiumsAppellate Division of the Supreme Court of the State of New York · 2007
  5. Tishman Construction Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1996

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