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YONKERS CONTR. CO. v. N. Y. S. THRUWAY AUTH.

25 N.Y.2d 1 (1969)

Yonkers Contracting Company, Inc., Appellant-Respondent, v. New York State Thruway Authority, Respondent-Appellant. (Claim No. 36840.)

Court of Appeals of the State of New York.

Decided June 4, 1969.

Attorney(s) appearing for the Case

Thomas B. Treacy for appellant-respondent.

Louis J. Lefkowitz, Attorney-General (John B. Poersch and Ruth Kessler Toch of counsel), for respondent-appellant.

Judges BURKE, SCILEPPI, BERGAN, BREITEL and JASEN concur.

Chief Judge FULD.

Yonkers Contracting Company, the claimant before us, made a contract with the Thruway Authority to construct a portion of the Erie section of the Thruway. After acceptance of the job by the Authority on August 19, 1958, there was a disagreement between the parties with respect to certain claims, the principal one being for extra foundation gravel — known as "Item 39X." Yonkers refused to...

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