JOHNSON, DRAKE & PIPER, INC. v. STATE


43 N.Y.2d 677 (1977)

Johnson, Drake & Piper, Incorporated, Appellant, v. State of New York, Respondent. (Claim No. 48874.)

Court of Appeals of the State of New York.

Decided November 15, 1977.


Attorney(s) appearing for the Case

Charles B. Molineaux, Jr., and Arthur Karger for appellant.

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

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Appellant's right, if any, to damages for claimed overruns in the pile foundation work and in consequence of claimed delays in the work depends on the determination of mixed questions of fact and law to be resolved on the basis of the evidentiary facts established and the inferences fairly to be drawn from such facts. The same is true...

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