Opinion · New York Court of Appeals

LOWY & DONNATH, INC. v. City of New York

LOWY & DONNATH, INC. v. City of N.Y., 62 N.Y.2d 746 (New York Court of Appeals 1984)

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1984-05-10
Topic
commercial

How later courts describe this case

  • courts should avoid constructions that place one party at the mercy of the other

Citator

UpLaw has not yet analyzed LOWY & DONNATH, INC. v. City of New York. The absence of a flag is not a finding that it is good law.

Cited by
10 opinions

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.