227 A.D. 745 | N.Y. App. Div. | 1929
On the appeal of the State of New York, judgment affirmed, without costs. We are of opinion that the changes in the Lien Law, made after this action was at issue, did not expressly nor impliedly withdraw the State’s consent to be sued as the law then stood (Anderson v. Hayes Const. Co., 243 N. Y. 140.) The State makes no contention that the contractors could not have enforced their claim for damages for breach of contract had there been no change in the Lien Law. We also approve the finding that, as between the State and the contractors, Fitzpatrick and MacArthur, the breach was committed by the State, and that said contractors had the right to recover for the work performed and materials furnished up to that time. On the appeal of the appellant Cronin Brothers Company, Inc., the judgment is modified so as to provide for the pay