New York Court of Appeals, 1947

Miller Contracting Corp. v. Turecamo Contracting Co.

Miller Contracting Corp. v. Turecamo Contracting Co.
New York Court of Appeals · Decided April 11, 1947
73 N.E.2d 268; 296 N.Y. 960; 1947 N.Y. LEXIS 1710 (North Eastern Reporter, Second Series)

Miller Contracting Corp. v. Turecamo Contracting Co.

Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 962

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.