Mitchell Mechanical Corp. v. City of New York

Full title: MITCHELL MECHANICAL CORPORATION, Respondent, v. CITY OF NEW YORK, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 21, 1978

61 A.D.2d 940 (N.Y. App. Div. 1978)

Opinion

March 21, 1978

Order, Supreme Court, New York County, entered April 4, 1977, granting reargument and on such reargument, granting leave to defendant to add a fifth defense, and denying defendant's motion for partial summary judgment, is unanimously affirmed, without costs and without disbursements. On the present record, we are unable to say that as a matter of law the claims involved were not within the exception in the waivers executed by plaintiff.

Concur — Lupiano, J.P., Silverman, Evans, Lane and Sandler, JJ.