New York Court of Appeals

Jered Contracting Corp. v. New York City Transit Authority

May 29, 196822 N.Y.2d 187

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the Authority's affirmative defense of fraudulent and collusive bidding is legally sufficient to defeat the plaintiff's quantum meruit claim, that the defense should not have been stricken for lack of positive evidence, and that summary judgment was improper; the case was remanded for further proceedings.