BANK OF TOKYO v. KVAERNER


243 A.D.2d 1 (1998)

671 N.Y.S.2d 905

Bank of Tokyo-Mitsubishi, Ltd., New York Branch, et al., Respondents, v. Kvaerner A.S. et al., Appellants

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

April 7, 1998


Attorney(s) appearing for the Case

Thomas J. Hall of counsel, New York City (Brian A. Miller and Christine P. Searl on the brief; Chadbourne & Parke, L. L. P., attorneys), for respondents.

Neil E. McDonell of counsel, New York City (Kenneth A. Becker on the brief; Dorsey & Whitney, L. L. P., attorneys), for Kvaerner a.s., appellant.

Charles E. Dorkey, III, of counsel, New York City (Edward J. Henderson, Linda M. Baldwin and Piero A. Tozzi on the brief; Haythe & Curley, attorneys), for J.A. Jones, Inc., appellant.

TOM, J., concurs with RUBIN, J.; MILONAS, J. P., and ELLERIN, J., concur in the result as to defendant Kvaerner a.s.'s motion in a separate opinion by ELLERIN, J.


RUBIN, J.

This is an action brought by plaintiff Bank of Tokyo-Mitsubishi, Ltd. as assignee of a construction contract to build an electric cogeneration facility in Fayetteville, North Carolina. The owner of the facility is BCH Energy, L.P., a Delaware limited partnership headquartered in Texas. The contractor, Metric/Kvaerner Fayetteville, is a joint venture between the respective subsidiaries of defendant J...

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