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Naclerio Construction Co. Inc. v. State
297 N.Y. 458
| NY | 1947
|
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Judgment of Appellate Division, so far as appealed from by the State, reversed and that of Court of Claims affirmed, with costs in this court and in the Appellate Division, on the ground that the additional work of excavating rock was contemplated and covered by the contract, and was to be paid for at the contract price specified for "unclassified excavation" which, by definition, includes the excavation of rock. Judgment of Appellate Division, so far as appealed from by claimant, affirmed, without costs. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER and FULD, JJ. Taking no part, DYE, J.

Case Details

Case Name: Naclerio Construction Co. Inc. v. State
Court Name: New York Court of Appeals
Date Published: May 22, 1947
Citation: 297 N.Y. 458
Docket Number: Claim 25471
Court Abbreviation: NY
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