New York Court of Appeals, 1947

Naclerio Construction Co. Inc. v. State

Naclerio Construction Co. Inc. v. State
New York Court of Appeals · Decided May 22, 1947
74 N.E.2d 173; 297 N.Y. 458; 1947 N.Y. LEXIS 969 (North Eastern Reporter, Second Series)

Naclerio Construction Co. Inc. v. State

Opinion of the Court

Judgment of Appellate Division, so far as appealed from by the State, reversed and that of Court of Claims affirmed, with costs in this court and in the Appellate Division, on the ground that the additional work of excavating rock was contemplated and covered by the contract, and was to be paid for at the contract price specified for “ unclassified excavation ” which, by definition, includes the excavation of rock. Judgment of Appellate Division, so far as appealed from by claimant, affirmed, without costs. No opinion.

Concur; Loughkan, Ch. J., Lewis, Conway, Desmond, Thacheb and Fvld, JJ. Taking no part, Dye, J.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.