D. W. WINKELMAN CO., INC. v. STATE


10 A.D.2d 894 (1960)

D. W. Winkelman Co., Inc., Respondent, v. State of New York, Appellant. (Claim No. 33866.)

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

April 7, 1960


Judgment unanimously modified upon the law and facts to provide that claimant recover against the State of New York interest on the severed sum of $208,981.63 from March 13, 1956 to July 9, 1956 and, as to modified, affirmed, without costs of this appeal to either party.

Memorandum:

Upon this record, we find that the award in the sum of $120,000 for breach of contract was proper, but the interest on the original contract balance should be modified. The work...

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