JOHNSON, DRAKE, ETC. v. N. Y. S. THRU. AUTH.


22 A.D.2d 321 (1965)

Johnson, Drake & Piper, Inc., Appellant, v. New York State Thruway Authority, Respondent. (Claim No. 33264.)

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

January 7, 1965.


Attorney(s) appearing for the Case

Nevius, Jarvis & Pilz (Carl E. Buckley of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Dunton F. Tynan and Paxton Blair of counsel), for respondent.

WILLIAMS, P. J., HENRY, NOONAN and DEL VECCHIO, JJ., concur.


GOLDMAN, J.

Claimant appeals from that part of a judgment of the Court of Claims dismissing upon the merits three causes of action for breach of contract by the New York State Thruway Authority in connection with the construction of a portion of the Thruway. Damages were awarded upon three other elements of the claim, from which the State does not appeal. This appeal is concerned only with the three causes of action which were dismissed.

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