Home/New York Court of Appeals/Warren Bros. Co. v. New York State Thruway Auth.

Warren Bros. Co. v. New York State Thruway Auth.

314 N.E.2d 878, 34 N.Y.2d 770, 358 N.Y.S.2d 139, 1974 N.Y. LEXIS 1536
CourtNew York Court of Appeals
DecidedJune 6, 1974
DocketClaim 47368
StatusPublished
Cited by18 cases

This text of 314 N.E.2d 878 (Warren Bros. Co. v. New York State Thruway Auth.) 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
Warren Bros. Co. v. New York State Thruway Auth., 314 N.E.2d 878, 34 N.Y.2d 770, 358 N.Y.S.2d 139, 1974 N.Y. LEXIS 1536 (N.Y. 1974).

Opinion

Memorandum. We affirm the order of the Appellate Division. The factual finding by that court of an absence of misrepresentations on the part of the State regarding the conditions at the job site, finds support in the record. The evidence also provides justification for rejecting claimant’s contention that it was entitled to rely on certain specifications used for other construction work performed by another contractor over 15 years prior to the contract which is the subject of this claim. Furthermore, it appears that an appropriate inspection of the job site by claimant, a requirement imposed by the proposal and contract, would have revealed the actual condition had not such inspection been confined to driving along the highway in an automobile. The contract made it clear that claimant was to examine carefully the site of the work and to be fully informed by personal investigation as to conditions affecting the work to be done.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens concur.

Order affirmed, without costs, in a memorandum.

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Bluebook (online)
314 N.E.2d 878, 34 N.Y.2d 770, 358 N.Y.S.2d 139, 1974 N.Y. LEXIS 1536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warren-bros-co-v-new-york-state-thruway-auth-ny-1974.