GULL CONTRACTING CO. INC. v. STATE


282 A.D. 1094 (1953)

Gull Contracting Co. Inc., Appellant, v. State of New York, Respondent. (Claim No. 31306.)

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

December 22, 1953.


The claim stems from a roadside improvement contract between Gull and the State, under which Gull was to landscape somewhat less than three miles of Van Wyck Expressway in the borough of Queens. Pavements laid by other contractors had, generally speaking, left roadside slopes six inches below their projected final grade. The plans and specifications for claimant's contract provided for "seeded areas" and "planted areas". Shrubs and vines were to be placed in the "planted...

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