CARDINAL v. STATE OF NEW YORK


279 A.D. 326 (1952)

Joseph Cardinal, Doing Business under the Name of Cardinal Engineering Company, Appellant, v. State of New York, Respondent. (Claim No. 28951.)

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

January 9, 1952.


Attorney(s) appearing for the Case

Thomas A. McDonald, James S. Tobin and Edward C. McDonald for appellant.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General and Henry S. Manley of counsel), for respondent.

Bernard Katzen, General Attorney, State Insurance Fund (William H. Stieglitz, Harry Schechter and Arnold M. Herzog of counsel), for State Insurance Fund, amicus curiæ.

FOSTER, P. J., HEFFERNAN, BREWSTER and COON, JJ., concur.


BERGAB, J.

The United States Government as owner of the S.S. Hilton entered into a contract with Joseph Cardinal in 1944 for alteration of equipment on the vessel so that it could carry frozen cargo. It had been equipped for chilled cargo by a system utilizing ammonia.

Before the vessel was turned over by the United States to Cardinal to begin the work he...

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