MATTER OF TRAVELERS CAS. & SUR. CO. OF AM. v. ERIE CANAL HARBOR DEV. CORP.

680.1 CA 19-00661.

189 A.D.3d 2074 (2020)

134 N.Y.S.3d 847

2020 NY Slip Op 07754

In the Matter of Travelers Casualty and Surety Company of America, Asserting Claims in its Own Right and as Assignee and Real Party in Interest of the Claims of DiPizio Construction Company, Inc., Appellant, v. Erie Canal Harbor Development Corporation, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided December 23, 2020.


Attorney(s) appearing for the Case

CHIESA SHAHINIAN & GIANTOMASI PC, NEW YORK CITY ( ADAM P. FRIEDMAN OF COUNSEL), FOR PLAINTIFF-PETITIONER-APPELLANT.

PHILLIPS LYTLE LLP, BUFFALO ( WILLIAM J. BRENNAN OF COUNSEL), FOR DEFENDANT-RESPONDENT-RESPONDENT.

Present—Carni, J.P., Lindley, NeMoyer and Curran, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: On a prior appeal in this breach of contract action, we concluded, among other things, that triable issues of fact existed concerning the authority of the president of defendant-respondent (defendant) to terminate a specific contract between DiPizio Construction Company, Inc. (DiPizio) and defendant in the absence of express authorization from defendant's Board...

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