Naclerio Construction Co. Inc. v. State

New York Court of Appeals
Naclerio Construction Co. Inc. v. State, 74 N.E.2d 173 (N.Y. 1947)
297 N.Y. 458; 1947 N.Y. LEXIS 969

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.

Reference

Full Case Name
Naclerio Construction Co., Inc., Appellant and Respondent, v. State of New York, Respondent and Appellant
Status
Published