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Lowy & Donnath, Inc. v. City of New York

62 N.Y.2d 746 Court N.Y. Decision date 1984-05-10 English

Judges Chief Judge Cooke and Judges Jasen, Jones, Wacht-ler, Meyer, Simons and Kaye concur.

Contents

Majority

p. 746
Lowy & Donnath, Inc., Respondent, v City of New York et al., Defendants, and T. Moriarty & Son, Inc., Appellant.
Decided May 10, 1984
p. 748

Headnote

APPEARANCES OF COUNSEL
Steven G. Rubin for appellant.
Daniel Diamond for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs, on so much of that court’s decision as holds that the purchase order did not incorporate by reference the general conditions of the prime contract between defendant T. Moriarty & Son, Inc., and the city, and, accordingly, that payment was due to plaintiff upon submission of each of the several invoices.

Chief Judge Cooke and Judges Jasen, Jones, Wacht-ler, Meyer, Simons and Kaye concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed, with costs, in a memorandum.