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

CourtNew York Court of Appeals

DecidedMay 22, 1947

DocketClaim 25471

StatusPublished

This text of 74 N.E.2d 173 (Naclerio Construction Co. Inc. 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

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

Pincite

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.

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Bluebook (online)

74 N.E.2d 173, 297 N.Y. 458, 1947 N.Y. LEXIS 969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naclerio-construction-co-inc-v-state-ny-1947.