Legal Opinion
Northway Engineering, Inc. v. Felix Industries, Inc.
New York Court of Appeals
Decided February 19, 1991PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Wachtler.
The question on this appeal is whether an order of preclusion, entered when the defendants failed to provide particulars relating to their counterclaims, also precludes the defendants from offering any defense to the complaint. The courts below held that it did and the defendants appeal.
The defendant, Felix Industries, was the general contractor for a sewage filtration plant constructed in Sullivan County. In 1983, it entered into a contract with the plaintiff, North-way Engineering, Inc., to have the plaintiff perform certain work as a subcontractor…
2Cases cited8 opinions
- Allen v. Crowell-Collier Publishing Co.New York Court of Appeals · 1968
- State v. Horsemen's Benevolent & Protective Ass'nAppellate Division of the Supreme Court of the State of New York · 1970
- Elman v. ZiegfeldAppellate Division of the Supreme Court of the State of New York · 1922
- Feingold v. . Walworth Bros., Inc.New York Court of Appeals · 1924
- Cunard v. . FrancklynNew York Court of Appeals · 1888
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3Cited by2 opinions
- Northway Eng'g v. FELIX INDUSNew York Court of Appeals · 1991
- Liberty Insurance Corporation v. New York Marine and General Insurance CompanyDistrict Court, S.D. New York · 2020