BERO CONSTR. CORP. v. NEW YORK STATE THRUWAY AUTH.


41 A.D.2d 691 (1973)

Bero Construction Corporation, Respondent, v. New York State Thruway Authority, Appellant. (Claim No. 49729.)

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

February 23, 1973


Judgment unanimously affirmed, with costs.

Memorandum:

The record amply supports the Trial Judge's finding that there was an oral modification of the contract and that claimant's performance of the overtime work under circumstances not required by the original contract was sufficient consideration for the modification. The Authority's contention that because of the contract provision requiring any change of the terms of the contract to be in writing the oral...

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