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Weil Plumbing Corp. v. State of New York

60 N.E.2d 18, 294 N.Y. 6
CourtNew York Court of Appeals
DecidedDecember 30, 1944
DocketClaim 24612
StatusPublished
Cited by7 cases

This text of 60 N.E.2d 18 (Weil Plumbing Corp. v. State of New York) 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
Weil Plumbing Corp. v. State of New York, 60 N.E.2d 18, 294 N.Y. 6 (N.Y. 1944).

Opinion

Per Curiam.

The State required that the claimant cut back portions of concrete walls in connection with the furnishing of labor and materials necessary for the doing of certain sanitary work in a State building. The finding of the trial court, undisturbed by the Appellate Division, is that the claimant was aware that the extra work thus required was “ not part of the work called for by the contract ” with the State. Under those circumstances, the first item of the claim for the sum of $641 should not have been allowed, since that which was required *8 was clearly beyond the limits of the contract and “ the contractor may [might] not even under protest do it and subsequently recover damages. ” (Borough Const. Co. v. City of New York, 200 N. Y. 149, 157.)

The judgment of the Appellate Division should be modified by dismissing item #1 of the claim and, as so modified, affirmed, without costs to either party.

Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.

Judgment accordingly.

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Cite This Page — Counsel Stack

Bluebook (online)
60 N.E.2d 18, 294 N.Y. 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weil-plumbing-corp-v-state-of-new-york-ny-1944.