BYRNE CONSTR. v. N. Y. S. THRUWAY AUTH.


19 A.D.2d 192 (1963)

Byrne Construction Company, Inc., Appellant-Respondent, v. New York State Thruway Authority, Respondent-Appellant. (Claim No. 36229.)

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

June 27, 1963.


Attorney(s) appearing for the Case

Hancock, Dorr, Ryan & Shove (Morris Berman of counsel), for appellant-respondent.

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

WILLIAMS, P. J., BASTOW, GOLDMAN, HALPERN and HENRY, JJ., concur.


Per Curiam.

The claimant appeals from the dismissal of its claim against the New York State Thruway Authority for additional labor and materials which it claims to have been compelled to expend by reason of an allegedly erroneous construction of the contract by the Thruway Authority's architects and engineers. Upon this aspect of the case, the proof amply sustains the judgment of the Court of Claims and the judgment...

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