Kleinhans v. State

Appellate Division of the Supreme Court of New York

Kleinhans v. State

17 A.D.2d 905, 233 N.Y.S.2d 134, 1962 N.Y. App. Div. LEXIS 7461

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 25, 1962

DocketClaim No. 34322

StatusPublished

This text of 17 A.D.2d 905 (Kleinhans v. State) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kleinhans v. State, 17 A.D.2d 905, 233 N.Y.S.2d 134, 1962 N.Y. App. Div. LEXIS 7461 (N.Y. Ct. App. 1962).

Pincite

Opinion

Judgment unanimously modified on the law and facts, as follows: insofar as the judgment awards the sum of $8,750 and interest to claimant it is reversed and the claim therefor is dismissed, and, as so modified, judgment affirmed, without costs of these appeals to either party. Certain findings of fact disapproved and reversed and new findings made. Memorandum: The record fails to show that the delay because of strikes and labor difficulties resulted from the State of New York’s failure to co-ordinate the work of the various contractors or from any improper act or unreasonable failure to act on the part of the State. The award of $8,750 and interest because of such delay must be reversed and the claim therefor dismissed. (Cross appeals from that part of a judgment of the Court of Claims which makes an award to claimant on its second and third causes of action, for alleged delay caused by a labor strike.) Present — Williams, P. J., Bastow, Halpern, MeClusky and Henry, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment unanimously modified on the law and facts, as follows: insofar as the judgment awards the sum of $8,750 and interest to claimant it is reversed and the claim therefor is dismissed, and, as so modified, judgment affirmed, without costs of these appeals to either party. Certain findings of fact disapproved and reversed and new findings made. Memorandum: The record fails to show that the delay because of strikes and labor difficulties resulted from the State of New York’s failure to co-ordinate the work of the various contractors or from any improper act or unreasonable failure to act on the part of the State. The award of $8,750 and interest because of such delay must be reversed and the claim therefor dismissed. (Cross appeals from that part of a judgment of the Court of Claims which makes an award to claimant on its second and third causes of action, for alleged delay caused by a labor strike.) Present — Williams, P. J., Bastow, Halpern, MeClusky and Henry, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

17 A.D.2d 905, 233 N.Y.S.2d 134, 1962 N.Y. App. Div. LEXIS 7461, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kleinhans-v-state-nyappdiv-1962.