New York Court of Appeals
Bethlehem Steel Company v. Turner Construction Company
March 8, 19572 N.Y.2d 456
Summary
The New York Court of Appeals affirmed the Appellate Division’s grant of summary judgment to Bethlehem, holding that the phrase “prices for component materials” unambiguously refers to the steel products Bethlehem supplied and that the escalation clause was valid, leaving no genuine issue of material fact. Justice Dye’s opinion rejected the dissent’s claim of ambiguity and concluded that the contract’s language was clear enough to preclude a trial.