JOHNSON, DRAKE & PIPER, INC. v. STATE


29 A.D.2d 793 (1968)

Johnson, Drake & Piper, Incorporated, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 42438.)

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

February 16, 1968


Per Curiam.

The State first contests claimant's recovery under the first cause of action in its claim, which is for the cost of excavation above a tunnel constructed pursuant to the contract. The excavation was not provided for by the contract but was ordered by the State, and the sole issue is as to the unit price to be allowed, the Court of Claims awarding at the rate of $35 per cubic foot, under item 2X of the contract, as against the State's contention...

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