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.