John T. Brady & Co. v. City of New York

OPINION OF THE COURT

Bentley Kassal, J.

ISSUE

Does the recent "Financial Emergency” encountered by the City of New York constitute a sufficient legal excuse for a three-year default by the Corporation Counsel in asserting a claimed affirmative defense to a pending proceeding or is it simply "law office failure”?

facts

In April, 1967, the defendant, the City of New York (City) awarded the plaintiff, John T. Brady & Co., Inc. (Brady) a $12,480,000 contract for the construction of the Women’s Correctional Institution at Hikers Island. Although scheduled for completion by April 15, 1969, it was not…