Paladino-Natanson Co. v. State

Appellate Division of the Supreme Court of New York

Paladino-Natanson Co. v. State

245 A.D. 797

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

DecidedJune 15, 1935

DocketClaim No. 21645

StatusPublished

This text of 245 A.D. 797 (Paladino-Natanson 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

Paladino-Natanson Co. v. State, 245 A.D. 797 (N.Y. Ct. App. 1935).

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Opinion

Appeal from a judgment of the Court of Claims. The appeal involves the construction of contract provisions. The contract provided for two items, item 4, unclassified excavation, and item 4-a, embankment in place. The contractor’s specifications did not provide that the contractor should [798]*798not be paid for excavated materials used to construct embankment in place. Judgment affirmed, with costs. Hill, P. J., McNamee, Crapser and Heffernan, JJ., concur; Rhodes, J., dissents and votes to reverse the judgment and to dismiss the claim.

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Appeal from a judgment of the Court of Claims. The appeal involves the construction of contract provisions. The contract provided for two items, item 4, unclassified excavation, and item 4-a, embankment in place. The contractor’s specifications did not provide that the contractor should [798]*798not be paid for excavated materials used to construct embankment in place. Judgment affirmed, with costs. Hill, P. J., McNamee, Crapser and Heffernan, JJ., concur; Rhodes, J., dissents and votes to reverse the judgment and to dismiss the claim.

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Bluebook (online)

245 A.D. 797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paladino-natanson-co-v-state-nyappdiv-1935.