Legal Opinion
GII Industries, Inc. v. New York State Department of Transportation (In Re GII Industries, Inc.)
United States Bankruptcy Court, E.D. New York
Decided September 23, 2009No. 8-17-70723PublishedCited by 4 opinions
1Opinion of the Court
DECISION
CARLA E. CRAIG, Chief Judge.
This matter presents the following issue: does an alleged letter agreement between Grace Industries, Inc. (“Grace”) and the New York State Department of Transportation (the “DOT”), wherein Grace agreed to limit the amount of compensation sought from the DOT in connection with the reconstruction of a portion of the West Side Highway in Manhattan, constitute an enforceable contract, and, if so, can it be rescinded? For the following reasons, the agreement is unenforceable because it was not supported by consideration, and Grace is awarded partial judgment on…
2Cases cited5 opinions
- register.com, Inc. v. Verio, Inc.Court of Appeals for the Second Circuit · 2004
- Hamer v. . SidwayNew York Court of Appeals · 1891
- Tierney v. Capricorn InvestorsAppellate Division of the Supreme Court of the State of New York · 1993
- Granite Partners, L.P. v. Bear, Stearns & Co.District Court, S.D. New York · 1999
- United Resource Recovery Corp. v. Ramko Venture Management, Inc.District Court, S.D. New York · 2008
3Cited by4 opinions
- In Re ToscanoDistrict Court, E.D. New York · 2011
- GII Industries, Inc. v. New York State Department of Transportation (In re GII Industries, Inc.)United States Bankruptcy Court, E.D. New York · 2011
- United States v. ToscanoDistrict Court, E.D. New York · 2011
- GII Industries, Inc. v. New York State Department of Transportation (In re GII Industries, Inc.)United States Bankruptcy Court, E.D. New York · 2012