BETHLEHEM STEEL CO. v. TURNER CONSTR. CO.


2 N.Y.2d 456 (1957)

Bethlehem Steel Company, Respondent v. Turner Construction Company et al., Appellants.

Court of Appeals of the State of New York.

Decided March 8, 1957.


Attorney(s) appearing for the Case

Frank A. Fritz, Anthony T. Antinozzi, Frank A. Fritz, Jr., and Vincent Keane for appellants.

Ralph L. McAfee, Edward Q. Carr, Jr., and Arnold Hoffman for respondent.

DESMOND, FULD, VAN VOORHIS and BURKE, JJ., concur with DYE, J.; CONWAY, Ch. J., dissents in an opinion in which FROESSEL, J., concurs.


DYE, J.

On or about July 30, 1948 the plaintiff, hereinafter called Bethlehem, entered into a subcontract with the defendant Turner Construction Company, hereinafter called Turner, to furnish, deliver and erect the structural steel for a 20-story office building on Broadway between 55th and 56th Streets, New York City, which Turner — as general contractor — was to build for the defendant Mutual Life...

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