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Arc Engineering Corporation v. State

59 N.E.2d 180, 293 N.Y. 819, 1944 N.Y. LEXIS 2243
CourtNew York Court of Appeals
DecidedNovember 16, 1944
DocketClaim 25495
StatusPublished
Cited by7 cases

This text of 59 N.E.2d 180 (Arc Engineering Corporation v. State) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arc Engineering Corporation v. State, 59 N.E.2d 180, 293 N.Y. 819, 1944 N.Y. LEXIS 2243 (N.Y. 1944).

Opinion

Per Curiam.

Claimant’s failure to comply with provisions of a construction contract requiring notification of the Chief Engineer in writing before performance of work for which extra compensation was recovered in the Court of Claims is here asserted by the State as defeating any such recovery. Our examination of the record convinces us that this defense was not properly raised in the Court of Claims, where the case was tried upon another theory. No other question of law was presented for our consideration.

Accordingly the judgment should be affirmed, with costs. (See 294 N. Y. 656.)

Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.

Judgment affirmed.

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675 N.E.2d 822 (New York Court of Appeals, 1996)
Slattery Contracting Co. v. State
56 Misc. 2d 111 (New York State Court of Claims, 1968)
Johnson v. State
46 Misc. 2d 303 (New York State Court of Claims, 1963)
Shore Bridge Corp. v. State
186 Misc. 1005 (New York State Court of Claims, 1946)
Arc Engineering Corporation v. State
60 N.E.2d 387 (New York Court of Appeals, 1945)
Agostini v. State
268 A.D. 1014 (Appellate Division of the Supreme Court of New York, 1944)

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Bluebook (online)
59 N.E.2d 180, 293 N.Y. 819, 1944 N.Y. LEXIS 2243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arc-engineering-corporation-v-state-ny-1944.