WINKELMAN CO. v. STATE OF N. Y.


17 Misc.2d 418 (1959)

D. W. Winkelman Company, Inc., Claimant, v. State of New York, Defendant. (Claim No. 33866.)

Court of Claims.

April 10, 1959.


Attorney(s) appearing for the Case

Melvin & Melvin (Louis Young of counsel), for claimant.

Louis J. Lefkowitz, Attorney-General (James G. Austin of counsel), for defendant.


CHARLES T. MAJOR, J.

This is a claim for damages consisting of increased costs to claimant alleged to have been caused by State engineer's wrongful and illegal refusal to approve the use for fill, or borrow from the privately owned lands for which claimant made arrangements prior to the execution of the contract hereinafter described.

On May 3, 1954, claimant and the State entered into a contract, Number...

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