NAJJAR INDUS., INC. v. CITY OF NEW YORK


57 N.Y.2d 647 (1982)

Najjar Industries, Inc., et al., Appellants-Respondents, v. City of New York (Mersereau Avenue Pumping Station, Richmond), Respondent-Appellant.

Court of Appeals of the State of New York.

Decided July 2, 1982.


Attorney(s) appearing for the Case

Julius L. Schapiro for appellants-respondents.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Craig A. Landy of counsel), for respondent-appellants.

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.


On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order, insofar as appealed from, affirmed, with costs. The "release" signed by plaintiffs confirmed their agreement expressed in change order 1M-5 to accept the contract unit price for installation of the 22-foot extension of 42-inch sewer pipe, and precluded, as a matter of law, their subsequent attempt to litigate the issue of price to be paid for that work. The...

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