Legal Opinion

Edlux Construction Corp. v. State

Appellate Division of the Supreme Court of the State of New York

Decided November 10, 1937No. Claim No. 23935PublishedCited by 55 opinions

1Opinion of the CourtHill, P. J.

The State, appealing from a judgment of the Court of Claims in favor of claimant, asserts that the claim is based on a breach of contract by the State which occurred on or prior to May 4, 1933, and that there may not be a recovery as notice of intention to present a claim was not filed until January 28, 1935. Section 15 of the Court of Claims Act provides: “ A claim for breach of contract * * * shall be filed within six months after the accrual of such claim.” The contract which is the basis for the claim was approved by the Department of Public Works on December 28, 1932. The work was to be…

2Cases cited11 opinions

  1. Dufel v. StateAppellate Division of the Supreme Court of the State of New York · 1921
  2. Northrop v. . HillNew York Court of Appeals · 1874
  3. Parmenter v. . StateNew York Court of Appeals · 1892
  4. People Ex Rel. Grannis v. . RobertsNew York Court of Appeals · 1900
  5. Quayle v. . State of New YorkNew York Court of Appeals · 1908

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3Cited by55 opinions

  1. Ely-Cruikshank Co. v. Bank of MontrealNew York Court of Appeals · 1993
  2. John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
  3. City of New York v. StateNew York Court of Appeals · 1976
  4. Ryan Ready Mixed Concrete Corp. v. CoonsAppellate Division of the Supreme Court of the State of New York · 1966
  5. Waterman v. StateAppellate Division of the Supreme Court of the State of New York · 1963

50 more not listed; retrieve them via the Exa API.

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