Legal Opinion

NAB Construction Corp. v. Metropolitan Transportation Authority

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

Decided February 6, 1992PublishedCited by 5 opinions

1Opinion of the Court

Order, Supreme Court, New York County (Francis N. Pécora, J.), entered July 24, 1991, which denied plaintiff’s motion for summary judgment, unanimously affirmed, without costs.

The parties’ contract provides for resolution of disputes by defendant’s Chief Engineer, whose determinations could be reviewed in a CPLR article 78 proceeding "limited to the question of whether or not the Engineer’s determination is arbitrary, capricious or so grossly erroneous to evidence bad faith.” Challenging a determination of the Chief Engineer that it took advantage of defendant’s contract errors by utilizing…

2Cases cited5 opinions

Rokowsky v. Finance AdministratorNew York Court of Appeals · 1977
Maross Construction, Inc. v. Central New York Regional Transportation AuthorityNew York Court of Appeals · 1985
Tufano Contracting Corp. v. Port of New York AuthorityNew York Court of Appeals · 1963
Tufano Contracting Corp. v. Port of New York AuthorityAppellate Division of the Supreme Court of the State of New York · 1963
NAB Construction Corp. v. Metropolitan Transportation AuthorityAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by5 opinions

Excel Group, Inc. v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
Westinghouse Electric Corporation v. New York City Transit Authority, Metropolitan Transportation AuthorityCourt of Appeals for the Second Circuit · 1993
Excel Group, Inc. v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
KiSka Construction Corp. USA v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 2004
Secco Electric Corp. v. KalikowAppellate Division of the Supreme Court of the State of New York · 2004