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WOOD v. STATE OF NEW YORK

12 N.Y.2d 25 (1962)

Cederic W. Wood, Respondent, v. State of New York, Appellant. (Claim No. 36547.)

Court of Appeals of the State of New York.

Decided November 1, 1962.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (George H. Rothlauf and Paxton Blair of counsel), for appellant.

Mark N. Turner for respondent.

Judges DYE, FULD, FROESSEL, VAN VOORHIS and FOSTER concur with Judge BURKE; Chief Judge DESMOND dissents and votes to affirm because on the whole record the issue was one of fact put beyond our reach by the affirmance of the Appellate Division.

BURKE, J.

The present claim for moneys due under a contract involves the interpretation of the contract and three subsequent agreements extending claimant's time for completing performance under the contract.

On September 15, 1955 the parties entered into a contract whereby claimant was to do certain construction work in connection with New York State highways. The contract provided that claimant's work...

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