C. F. MENTZINGER'S SON, INC. v. STATE OF NEW YORK


278 A.D. 1019 (1951)

C. F. Mentzinger's Son, Inc., Appellant-Respondent, v. State of New York, Respondent-Appellant. (Claim No. 29311.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1951.


Judgment modified on the law by striking out the award of interest and as modified affirmed, without costs of this appeal to either party.

Memorandum:

Appellant's claim rests upon an alleged breach of contract in that the general construction work did not progress concurrently with appellant's work. The alleged breach was of the following contract provision: "Related Work — The following work will be done under other contracts which will be progressed...

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