Legal Opinion

Otis Eastern Service, Inc. v. Raytheon Engineers & Constructors, Inc.

District Court, W.D. New York

Decided July 30, 1998No. 6:98-cv-06019PublishedCited by 1 opinion

1Opinion of the Court

DECISION AND ORDER

SIRAGUSA, District Judge.

This is a diversity action in which the plaintiff is suing to collect monies allegedly owed under a construction subcontract. Before the Court is a motion by the plaintiff for partial summary judgment. For the reasons stated below, this application is denied.

BACKGROUND

This action involves a dispute between a general contractor and a subcontractor on a project to construct a natural gas storage facility near Avoca, New York. On or about May 7, 1996, the parties entered into a subcontract agreement which required the plaintiff, as subcontractor, to…

2Cases cited4 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Seiden Associates, Inc. v. Anc Holdings, Inc., American National Can Co.Court of Appeals for the Second Circuit · 1992
  3. Wright v. CoughlinCourt of Appeals for the Second Circuit · 1998
  4. West-Fair Electric Contractors v. Aetna Casualty & Surety Co.New York Court of Appeals · 1995

3Cited by1 opinion

  1. J & K Plumbing & Heating Co. v. LaneAppellate Division of the Supreme Court of the State of New York · 2004

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