Legal Opinion

McIntosh Ready Mix Concrete Corp. v. R. D. Battaglini Corp.

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

Decided January 20, 1971PublishedCited by 3 opinions

1Opinion of the Court

*563Reynolds, Greenblott, Cooke and Sweeney, JJ., concur; Herlihy, P. J., concurs in the following memorandum: I concur for affirmance, but solely upon what I consider to be the rationale of the trial court’s decision to wit: that after making certain findings of a violation of the requirements of the ASTM C-31 test, the court concluded “it is not just or equitable to penalize the general contractor or the plaintiff, McIntosh, under the present circumstances.”

2Cited by3 opinions

  1. Cross & Cross Properties, Ltd., Cross-Appellant v. Everett Allied Company, Cross-AppelleeCourt of Appeals for the Second Circuit · 1989
  2. Rochester Plumbing Supply Co. v. A. Burgart, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
  3. Bestway Construction, Inc. v. Broome CountyAppellate Division of the Supreme Court of the State of New York · 1985