Zara Contracting Co. v. County of Nassau

New York Court of Appeals

Zara Contracting Co. v. County of Nassau

165 N.E.2d 206, 7 N.Y.2d 892

DecidedJanuary 14, 1960

StatusPublished

This text of 165 N.E.2d 206 (Zara Contracting Co. v. County of Nassau) 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

Zara Contracting Co. v. County of Nassau, 165 N.E.2d 206, 7 N.Y.2d 892 (N.Y. 1960).

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Opinion

Judgment affirmed, with costs. The Official Beferee correctly found that defendant county had not abandoned the contract as a whole. His findings in respect to damages, as affirmed by the Appellate Division, were not based on the difference between the amount paid by the county and the quantum meruit value of the work as a whole nor upon quantities of work estimated but not performed, but were based on the separate quantum meruit value of the additional work performed in connection with the uncontemplated changes, delays and interruptions ordered and occasioned by defendant’s breach of the contract conditions and specifications. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.

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Judgment affirmed, with costs. The Official Beferee correctly found that defendant county had not abandoned the contract as a whole. His findings in respect to damages, as affirmed by the Appellate Division, were not based on the difference between the amount paid by the county and the quantum meruit value of the work as a whole nor upon quantities of work estimated but not performed, but were based on the separate quantum meruit value of the additional work performed in connection with the uncontemplated changes, delays and interruptions ordered and occasioned by defendant’s breach of the contract conditions and specifications. No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Froessel, Van Voorhis, Burke and Foster.

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Bluebook (online)

165 N.E.2d 206, 7 N.Y.2d 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zara-contracting-co-v-county-of-nassau-ny-1960.