ZARA CONTRACTING CO., INC. v. COUNTY OF NASSAU


7 N.Y.2d 892 (1960)

Zara Contracting Co., Inc., Respondent, v. County of Nassau, Appellant.

Court of Appeals of the State of New York.

Decided January 14, 1960.


Attorney(s) appearing for the Case

G. Burchard Smith, County Attorney (Harold E. Collins of counsel), for appellant.

Emanuel Harris and Max E. Greenberg for respondent.

Concur: Chief Judge DESMOND and Judges DYE, FULD, FROESSEL, VAN VOORHIS, BURKE and FOSTER.


Judgment affirmed, with costs. The Official Referee correctly found that defendant county had not abandoned the contract as a whole. His findings in respect to damages, as affirmed by the Appellate Division, were not based on the difference between the amount paid by the county and the quantum meruit value of the work as a whole nor upon quantities of work estimated but not performed, but were based on the separate quantum meruit value of the additional work...

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