WARREN BROS. CO. DIV., ASHLAND OIL & REF. CO. v. STATE


59 A.D.2d 1039 (1977)

Warren Bros. Co. Div., Ashland Oil & Refining Company, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 53884.)

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

November 14, 1977


Judgment unanimously modified, on the law and facts, in accordance with memorandum and, as modified, affirmed, without costs.

Memorandum:

Claimant sued the State for damages arising in the performance of its contract to reconstruct and relocate the highway known as Route 14A between the villages of Dundee and Penn Yan. The parties have cross-appealed from a decision of the Court of Claims which awarded claimant $54,563.33 for the cost of correcting a section...

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