A. & J. Cianciulli Inc.v. Town of Greenburgh

Appellate Division of the Supreme Court of New York

A. & J. Cianciulli Inc.v. Town of Greenburgh

8 A.D.2d 963, 190 N.Y.S.2d 844, 1959 N.Y. App. Div. LEXIS 7496

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

DecidedJuly 28, 1959

StatusPublished

This text of 8 A.D.2d 963 (A. & J. Cianciulli Inc.v. Town of Greenburgh) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

A. & J. Cianciulli Inc.v. Town of Greenburgh, 8 A.D.2d 963, 190 N.Y.S.2d 844, 1959 N.Y. App. Div. LEXIS 7496 (N.Y. Ct. App. 1959).

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Opinion

— Submission of a controversy upon an agreed statement of facts pursuant to sections 546-548 of the Civil Practice Act. The controversy arose out of plaintiff’s claim for extras and plan modifications ordered by defendant’s engineer in connection with a construction contract. Judgment unanimously directed in favor of the plaintiff for $31,661.96, with interest from February 26, 1957, with costs. In our opinion, the relevant statutes do not bar the payment of plaintiff’s claim. Moreover, the circumstances here present establish ratification by defendant of plaintiff’s claim and, additionally, would support an estoppel to contest it (Rason Asphalt v. Town of Oyster Bay, 6 A D 2d 810; Moore v. Mayor, Aldermen and Commonalty of the City of N. Y., 73 N. Y. 238; Brady V. Mayor, &c., of the City of N. Y., 20 N. Y. 312; Vandeweghe v. City of New York, 150 Misc. 815, affd. 242 App. Div. 762; Walker v. City of Richmond, 173 Ky. 26, 34). Present —Beldoek, Acting P. J., Murphy, Ughetta and Kleinfeld, JJ; Hallinan, J., not voting.

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— Submission of a controversy upon an agreed statement of facts pursuant to sections 546-548 of the Civil Practice Act. The controversy arose out of plaintiff’s claim for extras and plan modifications ordered by defendant’s engineer in connection with a construction contract. Judgment unanimously directed in favor of the plaintiff for $31,661.96, with interest from February 26, 1957, with costs. In our opinion, the relevant statutes do not bar the payment of plaintiff’s claim. Moreover, the circumstances here present establish ratification by defendant of plaintiff’s claim and, additionally, would support an estoppel to contest it (Rason Asphalt v. Town of Oyster Bay, 6 A D 2d 810; Moore v. Mayor, Aldermen and Commonalty of the City of N. Y., 73 N. Y. 238; Brady V. Mayor, &c., of the City of N. Y., 20 N. Y. 312; Vandeweghe v. City of New York, 150 Misc. 815, affd. 242 App. Div. 762; Walker v. City of Richmond, 173 Ky. 26, 34). Present —Beldoek, Acting P. J., Murphy, Ughetta and Kleinfeld, JJ; Hallinan, J., not voting.

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Bluebook (online)

8 A.D.2d 963, 190 N.Y.S.2d 844, 1959 N.Y. App. Div. LEXIS 7496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/a-j-cianciulli-incv-town-of-greenburgh-nyappdiv-1959.

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