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MERRITT-CHAPMAN v. STATE

54 A.D.2d 37 (1976)

Merritt-Chapman & Scott Corporation and Mount Vernon Contracting Corporation, a Joint Venture, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 49660.)

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

September 23, 1976

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Richard J. Dorsey and Ruth Kessler Toch of counsel), for appellant-respondent.

Jarvis, Pilz, Buckley & Treacy, Scapolito & Solinger and Jerome Beaudrias (Walter B. Solinger, II, and Carl E. Buckley of counsel), for respondent-appellant.

GREENBLOTT, J. P., KANE, MAHONEY, MAIN and REYNOLDS, JJ., concur.

Per Curiam.

In December, 1961 claimant, a joint venture of two corporations, entered into a contract with the State of New York for the construction and reconstruction of portions of Grand Central Parkway and Interstate Route 514 in the Borough of Queens, New York City. The contract required completion by October 30, 1963. The State notified claimant to proceed on December 29, 1961. In the early part of 1962 claimant fell behind its own schedule for the completion...

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