Naclerio Construction Co. v. State

Appellate Division of the Supreme Court of New York

Naclerio Construction Co. v. State

271 A.D.2d 758

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

DecidedSeptember 11, 1946

StatusPublished

This text of 271 A.D.2d 758 (Naclerio Construction Co. 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

Naclerio Construction Co. v. State, 271 A.D.2d 758 (N.Y. Ct. App. 1946).

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Opinion

Appeal by claimant from a decision of the Court of Claims. Decision of the Court of Claims in part reversed, on the law and facts, as follows: Findings in the decision numbered 48, 49, 50, 51, 52,'53, 54 and 56 are reversed. The court finds and adopts- the findings of the Court of Claims contained in “ Claimant’s Requests to Find ” numbered 49, 50, 54, 56, 57, 58, and makes the following finding: That claimant excavated 6,821 cubic yards of rock not provided for in the contract and that the fair and reasonable value for excavating the rock was $3.50 per cubic yard. The court further reverses and disapproves the conclusions of law contained in the decision as follows: 10, 11, 12 and 13. That the court makes the following conclusion of law: That the claimant is entitled to recover for 6,821 cubic yards of extra rock at the rate of $2.67 per cubic yard ($3.50 per cubic yard, proved value of the work, less payment already made of $.83), amounting to $18,212.07, with interest, costs and disbursements. The judgment of the Court of Claims, except as above, is affirmed. Hill, P. J., Heffernan and Foster, JJ., concur; Brewster and Lawrence, JJ., dissent and vote for affirmance.

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Appeal by claimant from a decision of the Court of Claims. Decision of the Court of Claims in part reversed, on the law and facts, as follows: Findings in the decision numbered 48, 49, 50, 51, 52,'53, 54 and 56 are reversed. The court finds and adopts- the findings of the Court of Claims contained in “ Claimant’s Requests to Find ” numbered 49, 50, 54, 56, 57, 58, and makes the following finding: That claimant excavated 6,821 cubic yards of rock not provided for in the contract and that the fair and reasonable value for excavating the rock was $3.50 per cubic yard. The court further reverses and disapproves the conclusions of law contained in the decision as follows: 10, 11, 12 and 13. That the court makes the following conclusion of law: That the claimant is entitled to recover for 6,821 cubic yards of extra rock at the rate of $2.67 per cubic yard ($3.50 per cubic yard, proved value of the work, less payment already made of $.83), amounting to $18,212.07, with interest, costs and disbursements. The judgment of the Court of Claims, except as above, is affirmed. Hill, P. J., Heffernan and Foster, JJ., concur; Brewster and Lawrence, JJ., dissent and vote for affirmance.

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Bluebook (online)

271 A.D.2d 758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naclerio-construction-co-v-state-nyappdiv-1946.