JOHNSON, DRAKE & PIPER, INC. v. STATE


31 A.D.2d 980 (1969)

Johnson, Drake & Piper, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 43493.)

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

March 10, 1969


AULISI, J.

Upon completion of the contract, claimant submitted a verified claim containing seven causes of action and after a trial was awarded the sum of $72,944.05 on the first six causes of action. The appeals herein are taken from that award. The amount awarded for the seventh cause of action is not contested. A large quantity of topsoil had been stockpiled at the project site by a previous contractor. The Earth-work Table of the Contract Plans, under...

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