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

Full title: LOWY DONNATH, INC., Respondent, v. CITY OF NEW YORK et al., Defendants…

Court: Court of Appeals of the State of New York

Date published: May 10, 1984

62 N.Y.2d 746 (N.Y. 1984)

476 N.Y.S.2d 830

465 N.E.2d 369

Opinion

Decided May 10, 1984

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Adolph C. Orlando, J.

Steven G. Rubin for appellant.

Daniel Diamond for respondent.

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, WACHTLER, MEYER, SIMONS and KAYE concur.

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