CRIMMINS CONTR. v. CITY OF NY


138 A.D.2d 138 (1988)

Thomas Crimmins Contracting Co., Inc. and Cayuga Construction Co., a Joint Venture, Respondent, v. City of New York et al., Appellants and Third-Party Plaintiffs, et al., Third-Party Defendant

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

June 23, 1988


Attorney(s) appearing for the Case

J. Robert Ellner of counsel (M. Carl Levine, Morgulas & Foreman, attorneys), for respondent.

Barry P. Schwartz of counsel (Fay Leoussis and John F. Grubin with him on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for appellants and third-party plaintiffs.

MILONAS and ELLERIN, JJ., concur with CARRO, J.; SULLIVAN, J. P., and ROSENBERGER, J., dissent in an opinion by SULLIVAN, J. P.


CARRO, J.

Plaintiff Thomas Crimmins Contracting Co., Inc., and Cayuga Construction Co., a joint venture (hereinafter plaintiff or contractor), entered into a contract with the City of New York, acting through its agent the New York City Transit Authority, to construct a section of the proposed Second Avenue subway. Among the provisions of this lengthy contract is article XXIV, which establishes a dispute resolution...

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