TIPPETTS-ABBETT, ETC. v. N. Y. S. THRU. AUTH.


18 A.D.2d 402 (1963)

Tippetts-Abbett-McCarthy-Stratton, Respondent, v. New York State Thruway Authority, Appellant. (Claim No. 34769.)

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

May 7, 1963.


Attorney(s) appearing for the Case

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

Sylvester & Harris (Alvin McKinley Sylvester and Charles L. Sylvester of counsel), for claimant-respondent.

Bleakley, Platt, Hart & Fritz and Edward J. Wren (John C. Marbach and Frederick J. Martin of counsel), for Chas. H. Sells, Inc., amicus curiæ.

GIBSON, HERLIHY, REYNOLDS and TAYLOR, JJ., concur.


BERGAN, P. J.

Claimant entered into a contract with the Thruway Authority to provide engineering services, including detailed supervision, related to the performance of a construction contract. The date of completion expressed in the prime contract was June 1, 1955. With the approval of the Thruway Authority the completion date was extended several times, ultimately until September 1, 1956.

Claimant contends...

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