Kenford Co. Inc. v. County of Erie
Decision Date | 14 May 1982 |
Citation | 88 A.D.2d 758,451 N.Y.S.2d 1021 |
Parties | KENFORD COMPANY, INC. and The Dome Stadium, Inc., Respondents, v. The COUNTY OF ERIE, et al., Appellants. THE COUNTY OF ERIE, Counterclaim-Plaintiff-Appellant, v. KENFORD COMPANY, INC., and The Dome Stadium, Inc., and Edward H. Cottrell, et al., Counterclaim-Defendants-Respondents. |
Court | New York Supreme Court — Appellate Division |
Jaeckle, Fleischmann & Mugel, Buffalo by John H. Stenger, Buffalo, for appellants and counterclaim-plaintiff-appellant. Olwine, Connelly, Chase, O'Donnell & Weyher, New York City and Hodgson, Russ, Andrews, Woods & Goodyear, by Victor T. Fuzak, Buffalo, for respondents and counterclaim-defendants-respondents.
Order affirmed with costs, for the reasons stated in the memorandum decision at Special Term, Denman, J. We add only that our holding that the County is bound by its contract is based upon a finding that there was no legal impediment to the execution or performance of the contract and not upon the doctrine of collateral estoppel.
All concur, MOULE, J., not participating. (Appeal from Order of Supreme Court, Erie County, DENMAN, J.--Breach of Contract.)
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