Bero Construction Corp. v. New York State Thruway Authority

Appellate Division of the Supreme Court of New York

Bero Construction Corp. v. New York State Thruway Authority

41 A.D.2d 691, 342 N.Y.S.2d 503, 1973 N.Y. App. Div. LEXIS 5059

Appellate Division of the Supreme Court of the State of New York·Decided February 23, 1973·No. Claim Ho. 49729·Published·Cited by 1 cases

Opinion

Judgment unanimously affirmed, with costs. Memorandum: The record amply supports the Trial Judge’s finding that there was an oral modification of the contract and that claimant’s performance of the overtime work under circumstances not required by the original contract was sufficient consideration for the modification. The Authority’s contention that because of the contract provision requiring any change of the terms of the contract to be in writing the oral modification was nugatory is without merit (Beatty v. Guggenheim, Exploration Co., 225 N. Y. [692]*692380, 387; Amadeus, Inc. v. State of New York, 36 A D 2d 873, app. dsmd. 29 N Y 2d 634; Davis Accoustical Corp. v. National Sur. Corp., 27 A D 2d 624; Alcon v. Kinton Realty, 2 A D 2d 454, 456, mot. for lv. to app. dsmd. 2 N Y 2d 836). (Appeal from judgment of Court of Claims in action for damages for breach, of contract.) Present — Goldman, P. J., Witmer, Houle, Cardamone and Simons, JJ.

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Judgment unanimously affirmed, with costs. Memorandum: The record amply supports the Trial Judge’s finding that there was an oral modification of the contract and that claimant’s performance of the overtime work under circumstances not required by the original contract was sufficient consideration for the modification. The Authority’s contention that because of the contract provision requiring any change of the terms of the contract to be in writing the oral modification was nugatory is without merit (Beatty v. Guggenheim, Exploration Co., 225 N. Y. [692]*692380, 387; Amadeus, Inc. v. State of New York, 36 A D 2d 873, app. dsmd. 29 N Y 2d 634; Davis Accoustical Corp. v. National Sur. Corp., 27 A D 2d 624; Alcon v. Kinton Realty, 2 A D 2d 454, 456, mot. for lv. to app. dsmd. 2 N Y 2d 836). (Appeal from judgment of Court of Claims in action for damages for breach, of contract.) Present — Goldman, P. J., Witmer, Houle, Cardamone and Simons, JJ.

Bero Construction Corp. v. New York State Thruway Authority, 41 A.D.2d 691, 342 N.Y.S.2d 503, 1973 N.Y. App. Div. LEXIS 5059 (N.Y. Ct. App. 1973).

Pincite

41 A.D.2d 691 (Bero Construction Corp. v. New York State Thruway Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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