W. E. O'Neil Construction Co. v. State

Appellate Division of the Supreme Court of New York

W. E. O'Neil Construction Co. v. State

259 A.D. 794

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

DecidedMarch 20, 1940

DocketClaim No. 24833

StatusPublished

This text of 259 A.D. 794 (W. E. O'Neil 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

W. E. O'Neil Construction Co. v. State, 259 A.D. 794 (N.Y. Ct. App. 1940).

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Opinion

■ — Judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event. Certain findings of fact disapproved and reversed. Memorandum: The evidence indicates that the claimant sustained damages by reason of the State’s failure to furnish suitable bricks and because of the delay in furnishing the same. The evidence, however, is insufficient to sustain the award of $20,000 for the excess cost of laying the brick or to sustain the award of $3,039.80 for overhead during the period of delay. All concur. (The judgment awards claimant damages on a claim against the State under a construction contract.) Present — Crosby, P. J., Taylor, Dowling, Harris and McCurn, JJ.

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■ — Judgment reversed on the facts and a new trial granted, with costs to the appellant to abide the event. Certain findings of fact disapproved and reversed. Memorandum: The evidence indicates that the claimant sustained damages by reason of the State’s failure to furnish suitable bricks and because of the delay in furnishing the same. The evidence, however, is insufficient to sustain the award of $20,000 for the excess cost of laying the brick or to sustain the award of $3,039.80 for overhead during the period of delay. All concur. (The judgment awards claimant damages on a claim against the State under a construction contract.) Present — Crosby, P. J., Taylor, Dowling, Harris and McCurn, JJ.

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Bluebook (online)

259 A.D. 794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/w-e-oneil-construction-co-v-state-nyappdiv-1940.