Merritt Meridian Construction Corp. v. Old Country Iron Works, Inc.

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Klein, J.H.O.), entered January 3, 1995 in Dutchess County, upon a decision of the court in favor of defendant.

Plaintiff agreed with the Department of the Army in March 1987 to act as general contractor on a construction project (hereinafter the project) to modernize and expand certain academic facilities at the United States Military Academy at West Point. In June 1987, plaintiff entered into a subcontract with defendant whereby defendant would perform certain…