Naclerio Construction Co. Inc. v. State

New York Court of Appeals

Naclerio Construction Co. Inc. v. State

74 N.E.2d 173, 297 N.Y. 458, 1947 N.Y. LEXIS 969

New York Court of Appeals·Decided May 22, 1947·No. Claim 25471·Published

Opinion

Judgment of Appellate Division, so far as appealed from by the State, reversed and that of Court of Claims affirmed, with costs in this court and in the Appellate Division, on the ground that the additional work of excavating rock was contemplated and covered by the contract, and was to be paid for at the contract price specified for “ unclassified excavation ” which, by definition, includes the excavation of rock. Judgment of Appellate Division, so far as appealed from by claimant, affirmed, without costs. No opinion.

Concur; Loughkan, Ch. J., Lewis, Conway, Desmond, Thacheb and Fvld, JJ. Taking no part, Dye, J.

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Judgment of Appellate Division, so far as appealed from by the State, reversed and that of Court of Claims affirmed, with costs in this court and in the Appellate Division, on the ground that the additional work of excavating rock was contemplated and covered by the contract, and was to be paid for at the contract price specified for “ unclassified excavation ” which, by definition, includes the excavation of rock. Judgment of Appellate Division, so far as appealed from by claimant, affirmed, without costs. No opinion.

Concur; Loughkan, Ch. J., Lewis, Conway, Desmond, Thacheb and Fvld, JJ. Taking no part, Dye, J.

Naclerio Construction Co. Inc. v. State, 74 N.E.2d 173, 297 N.Y. 458, 1947 N.Y. LEXIS 969 (N.Y. 1947).

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74 N.E.2d 173 (Naclerio Construction Co. Inc. v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.