Paladino-Natanson Co. v. State

Appellate Division of the Supreme Court of New York

Paladino-Natanson Co. v. State

245 A.D. 797

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1935·No. Claim No. 21645·Published

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.

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

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