Legal Opinion

New York Telephone Co. v. Secord Bros.

New York Supreme Court

Decided January 28, 1970PublishedCited by 7 opinions

1Opinion of the CourtCarlton A. Fisher, J.

The facts giving rise to this litigation, by stipulation of counsel for the parties and proof presented at trial, are uncontroverted. Defendant herein, in December of 1963, entered into a contract with the Town of Amherst, New York, by which and for an agreed compensation it agreed to construct a trunk sanitary sewer in certain streets or highways in said town. That under the terms and provisions of said contract, it was provided as follows:

“ S.27 Interruption of Water Mains, Sewers, Etc. The Contractor shall at his own expense, maintain in proper working order and without interruption of…

2Cases cited14 opinions

  1. Lawrence v. . FoxNew York Court of Appeals · 1859
  2. Seaver v. . RansomNew York Court of Appeals · 1918
  3. Little v. . BanksNew York Court of Appeals · 1881
  4. Matter of Murray v. LaguardiaNew York Court of Appeals · 1943
  5. Waterloo Woolen Manufacturing Co. v. ShanahanNew York Court of Appeals · 1891

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3Cited by7 opinions

  1. Lang v. CohalanAppellate Division of the Supreme Court of the State of New York · 1987
  2. Lizza Industries, Inc. v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1974
  3. Bethpage Water District v. Hendrickson Bros.Appellate Division of the Supreme Court of the State of New York · 1988
  4. City of New York v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1986
  5. Suffolk County Water Authority v. J.D. Posillico, Inc.Appellate Division of the Supreme Court of the State of New York · 1993

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