Johnson, Drake & Piper, Inc. v. New York State Thruway Authority

Appellate Division of the Supreme Court of New York

Johnson, Drake & Piper, Inc. v. New York State Thruway Authority

26 A.D.2d 892, 274 N.Y.S.2d 668, 1966 N.Y. App. Div. LEXIS 3368

Procedural entryThis page is a short order in Johnson, Drake & Piper, Inc. v. New York State Thruway Authority. Read the opinion of the Court — 22 A.D.2d 321 →

Appellate Division of the Supreme Court of the State of New York·Decided October 20, 1966·No. Claim No. 35832·Published

Opinion

Judgment unammously modified on the law and facts, in accordance with Memorandum and, as modified, affirmed, without costs of this appeal to either party. Memorandum: Appellant has limited its appeal to that part of the judgment which awarded claimant interest on the final payment from the date of final estimate (November 1, 1957) to the date of entry of severance judgment (August 27, 1958). The amount ($127,236.58) concededly due claimant was tendered by appellant and refused. Such refusal under the contract provisions constituted a waiver of interest on the amount so tendered (Wood v. State of New York, 12 N Y 2d 25; Yonkers Contr. Co. v. New York State Thruway Auth., 26 A D 2d 766) and the amount thereof ($4,184.67) should be eliminated from the judgment. (Appeal from judgment of Court of Claims for claimant on claim for engineering charges and interest.) Present — Williams, P. J., Bastow, Goldman, Henry and Del Vecchio, JJ.

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Judgment unammously modified on the law and facts, in accordance with Memorandum and, as modified, affirmed, without costs of this appeal to either party. Memorandum: Appellant has limited its appeal to that part of the judgment which awarded claimant interest on the final payment from the date of final estimate (November 1, 1957) to the date of entry of severance judgment (August 27, 1958). The amount ($127,236.58) concededly due claimant was tendered by appellant and refused. Such refusal under the contract provisions constituted a waiver of interest on the amount so tendered (Wood v. State of New York, 12 N Y 2d 25; Yonkers Contr. Co. v. New York State Thruway Auth., 26 A D 2d 766) and the amount thereof ($4,184.67) should be eliminated from the judgment. (Appeal from judgment of Court of Claims for claimant on claim for engineering charges and interest.) Present — Williams, P. J., Bastow, Goldman, Henry and Del Vecchio, JJ.

Johnson, Drake & Piper, Inc. v. New York State Thruway Authority, 26 A.D.2d 892, 274 N.Y.S.2d 668, 1966 N.Y. App. Div. LEXIS 3368 (N.Y. Ct. App. 1966).

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26 A.D.2d 892 (Johnson, Drake & Piper, Inc. v. New York State Thruway Authority) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.