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BWAY. MAINT. CORP. v. CITY OF N. Y.

19 A.D.2d 96 (1963)

Broadway Maintenance Corp., Appellant, v. City of New York, Defendant and Third-Party Plaintiff-Respondent. American Surety Company of New York et al., Third-Party Defendants-Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

July 2, 1963.

Attorney(s) appearing for the Case

George Trosk of counsel (Jesse Climenko with him on the brief; Jesse Cohen, attorney), for appellant.

Millard E. Theodore of counsel (Paul Englander, attorney), for third-party defendants-appellants.

Seymour B. Quel of counsel (Leon A. Fischel and Harry Tannenbaum with him on the brief; Leo A. Larkin, Corporation Counsel, attorney), for respondent.

BREITEL, J. P., RABIN, McNALLY and EAGER, JJ., concur.

BASTOW, J.

Plaintiff undertook pursuant to a written contract with the City of New York to service, maintain and repair parking meters in the several boroughs of the city. It sues to recover an amount in excess of $400,000 claimed to be due under the provisions of the agreement. The city in its answer asserted various defenses but we are here concerned only with the fourth defense which pleaded a contractual six...

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