CAMARCO CONTRACTORS, INC. v. STATE


22 A.D.2d 833 (1964)

Camarco Contractors, Inc., Respondent, v. State of New York, Appellant. (Claim No. 40087.)

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

November 17, 1964


Per Curiam.

The Court of Claims properly found that claimant contractor was entitled to recover the cost of removal of unsuitable materials from the park site but should have deducted from the excavation cost figure of $17,057.64, which included the cost of removal, the amount of $7,822.90 paid to claimant for excavation, so as to reduce the award to $9,234.74 and interest. The award of $7,100.59 for the increased cost of relocating a power line cannot be sustained...

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