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GEN CONTRS ASSN v. TORMENTA

259 A.D.2d 177 (1999)

696 N.Y.S.2d 155

In the Matter of GENERAL CONTRACTORS ASSOCIATION OF NEW YORK, INC., et al., Appellants, v. LUIS M. TORMENTA, as Commissioner of the New York City Department of Design and Construction, et al., Respondents, and EMPIRE CITY SUBWAY COMPANY, LIMITED, et al., Intervenors-Respondents.

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

October 19, 1999.

Attorney(s) appearing for the Case

Steven I. Tolman of counsel, New York City (Alan Levy on the brief; Levy & Tolman, attorneys), for appellants.

Bob Bailey of counsel, New York City (Francis F. Caputo, Lewis S. Finkelman and George Gutwirth on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for respondents.

Guy Miller Struve of counsel, New York City (D. Scott Tucker and Gina Caruso on the brief; Davis Polk & Wardwell and Robert P. Slevin, attorneys), for Empire City Subway Company, Limited and another, intervenors-respondents.

Andrew J. Czerepak of counsel, New York City (Richard W. Babinecz, attorney), for Consolidated Edison Company of New York, Inc., intervenor-respondent.

NARDELLI, J. P., WILLIAMS, WALLACH and ANDRIAS, JJ., concur.

OPINION OF THE COURT

TOM, J.

This appeal concerns the validity of a new provision, "section U," in New York City construction contracts. Section U is the latest device by the City to bring under control delays and attendant costs caused by disputes between City contractors and utility companies whose facilities must be relocated during City projects. Petitioners, seeking to enjoin the use of section U, are contractors who bid for public improvement projects...

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