Opinion
Argued February 24, 1947
Decided April 11, 1947
Appeal from the Supreme Court, Appellate Division, First Department, DINEEN, J.
Chester B. McLaughlin, Lester D. Stickles and William Mertens, Jr., for appellants.
Joseph Feldman, Louis Rosenberg and Irwin H. Rosenberg for plaintiff-respondent.
Charles E. Murphy, Corporation Counsel ( Seymour B. Quel of counsel), for Triborough Bridge Authority, impleaded defendant-respondent.
Authority's consulting engineers had representatives at the site, these representatives had no authority to direct the work. There was no evidence of any interference by the Authority with the general contractor's performance. Defendants-appellants contended in the Court of Appeals that plaintiff had no right to recover damages for delay or for extra work directed to be performed by defendant general contractor and necessitated by its interference, and that, in any event, recovery over against the Authority should be allowed.
Judgment affirmed, with costs to each respondent; no opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD, JJ. Taking no part: THACHER, J.