Robert E. Foley Construction Corp. v. New York State Electric & Gas Corp.

Appellate Division of the Supreme Court of New York

Robert E. Foley Construction Corp. v. New York State Electric & Gas Corp.

24 A.D.2d 686, 1965 N.Y. App. Div. LEXIS 3552

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

DecidedJuly 13, 1965

StatusPublished

This text of 24 A.D.2d 686 (Robert E. Foley Construction Corp. v. New York State Electric & Gas Corp.) 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

Robert E. Foley Construction Corp. v. New York State Electric & Gas Corp., 24 A.D.2d 686, 1965 N.Y. App. Div. LEXIS 3552 (N.Y. Ct. App. 1965).

Pincite

Opinion

Memorandum by the Court.

In connection with its contract for the construction of a transmission line, plaintiff seeks to recover the cost of tension-stringing lines in the course of construction, so as to prevent their contact with rock and other rough and abrasive surfaces; plaintiff alleging an oral request and authorization subsequent to the written contract and defendant contending that tension-stringing was contemplated by the contract although not specified and, additionally, that the alleged modification of the written contract was unauthorized. Special Term held (1) that it was unable, on the papers before it, to determine the latter contention as a matter of law; (2) that whether or not the contract contemplated tension-stringing might depend on custom or usage; and (3) that these and the other issues demonstrated “ can only be properly resolved after a trial.” Order denying defendant’s motion for summary judgment affirmed, with costs. Gibson, P. J., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.

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Memorandum by the Court.

In connection with its contract for the construction of a transmission line, plaintiff seeks to recover the cost of tension-stringing lines in the course of construction, so as to prevent their contact with rock and other rough and abrasive surfaces; plaintiff alleging an oral request and authorization subsequent to the written contract and defendant contending that tension-stringing was contemplated by the contract although not specified and, additionally, that the alleged modification of the written contract was unauthorized. Special Term held (1) that it was unable, on the papers before it, to determine the latter contention as a matter of law; (2) that whether or not the contract contemplated tension-stringing might depend on custom or usage; and (3) that these and the other issues demonstrated “ can only be properly resolved after a trial.” Order denying defendant’s motion for summary judgment affirmed, with costs. Gibson, P. J., Reynolds, Taylor, Aulisi and Hamm, JJ., concur.

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Bluebook (online)

24 A.D.2d 686, 1965 N.Y. App. Div. LEXIS 3552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-e-foley-construction-corp-v-new-york-state-electric-gas-corp-nyappdiv-1965.