Queens Structure Corp. v. City of New York

Appellate Division of the Supreme Court of New York

Queens Structure Corp. v. City of New York

90 A.D.2d 541, 455 N.Y.S.2d 113, 1982 N.Y. App. Div. LEXIS 18595

Appellate Division of the Supreme Court of the State of New York·Decided October 25, 1982·Published

Opinion

In an action to recover damages for breach of contract, defendant appeals from an order of the Supreme Court, Queens County (Lerner, J.), dated September 15, 1981, which granted plaintiff’s motion to compel defendant to produce for discovery and inspection certain engineering reports prepared by defendant’s consultant. Order affirmed, with $50 costs and disbursements. The engineering reports withheld by defendant were prepared in the performance of a specific claim procedure set forth in the parties’ contract in order to determine whether said claim should be honored and, accordingly, they should be disclosed (see Cayuga-Crimmins Co. v Fisher, 63 AD2d 991, 992). We have considered defendant’s other arguments and find them to be without merit. Lazer, J. P., Gibbons, Thompson and Bracken, JJ., concur.

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In an action to recover damages for breach of contract, defendant appeals from an order of the Supreme Court, Queens County (Lerner, J.), dated September 15, 1981, which granted plaintiff’s motion to compel defendant to produce for discovery and inspection certain engineering reports prepared by defendant’s consultant. Order affirmed, with $50 costs and disbursements. The engineering reports withheld by defendant were prepared in the performance of a specific claim procedure set forth in the parties’ contract in order to determine whether said claim should be honored and, accordingly, they should be disclosed (see Cayuga-Crimmins Co. v Fisher, 63 AD2d 991, 992). We have considered defendant’s other arguments and find them to be without merit. Lazer, J. P., Gibbons, Thompson and Bracken, JJ., concur.

Queens Structure Corp. v. City of New York, 90 A.D.2d 541, 455 N.Y.S.2d 113, 1982 N.Y. App. Div. LEXIS 18595 (N.Y. Ct. App. 1982).

Pincite

90 A.D.2d 541 (Queens Structure Corp. v. City of New York) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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