Legal Opinion

MacFarland-Breakell Building Corp. v. New York State Thruway Authority

New York Court of Claims

Decided February 10, 1984No. Claim No. 68371PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Harold E. Koreman, P. J.

Claimant’s action herein is for damages arising out of the alleged breach of a public improvement contract. The defendant’s motion requests dismissal based on claimant’s failure to timely commence its claim pursuant to the requirements of section 145 of the State Finance Law. A cross motion by claimant seeks permission to file a late claim and, in the alternative, requests that its notice of intention be treated as a claim. Although the ultimate issue which must be decided herein is the applicability of section 145 of the State Finance Law to the…

2Cases cited16 opinions

  1. Bay Terrace Cooperative Section IV, Inc. v. New York State Employees' Retirement System Policemen's & Firemen's Retirement SystemNew York Court of Appeals · 1982
  2. Plumbing, Heating, Piping & Air Conditioning Contractors Ass'n v. New York State Thruway AuthorityNew York Court of Appeals · 1959
  3. Easley v. New York State Thruway AuthorityNew York Court of Appeals · 1956
  4. Santana v. New York State Thruway AuthorityNew York Court of Claims · 1977
  5. Cantor v. StateAppellate Division of the Supreme Court of the State of New York · 1974

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3Cited by6 opinions

  1. Dreger v. New York State Thruway AuthorityNew York Court of Appeals · 1992
  2. Muller v. StateAppellate Division of the Supreme Court of the State of New York · 1985
  3. Finnerty v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1988
  4. Krales v. City UniversityNew York Court of Claims · 1985
  5. Martino v. New York State Thruway AuthorityNew York Court of Claims · 1992

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

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