METROPOLITAN STEEL INDUSTRIES, INC. v. TULLY CONSTRUCTION CO., INC.


55 A.D.3d 363 (2008)

865 N.Y.S.2d 90

METROPOLITAN STEEL INDUSTRIES, INC., Appellant, v. TULLY CONSTRUCTION CO., INC., Respondent, et al., Respondents. TULLY CONSTRUCTION CO., INC., Third-Party Plaintiff-Respondent, v. CITY OF NEW YORK, Third-Party Defendant-Respondent.

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

October 14, 2008.


The stay was imposed because, in the view of Supreme Court, significant judicial economies, including, in particular, the prospect of "mediation," would be served by awaiting completion of the project and receipt of any and all claims by the other subcontractors, and then hearing and considering all of the claims together. While the general contractor and owner argue that completion of the project is necessary to determine the impact of all of the delays, neither show how...

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