Legal Opinion
Hueber Hares Glavin Partnership v. State
Appellate Division of the Supreme Court of the State of New York
Decided July 10, 1980No. Claim No. 59460PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
WlTMER, J.
For reasons stated herein we conclude that the trial court erred in denying the State’s motion for permission to serve a counterclaim and thereafter in refusing to permit the State to introduce evidence tending to show that much of claimant’s claim for extra work was performed only to cure design defects which were its own responsibility and not recoverable under its contract with the State; that the court also erred in construing the stated ultimate cost or ceiling price in the contract to be merely an estimate of total compensation; and that absent additional…
2Cases cited12 opinions
- Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
- Special Event Entertainment v. Rockefeller Center, Inc.District Court, S.D. New York · 1978
- Eden v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1975
- 1555 Boston Road Corp. v. Finance AdministratorAppellate Division of the Supreme Court of the State of New York · 1978
- Fehlhaber Corp. & Horn Construction Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1979
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3Cited by4 opinions
- Payroll Express Corporation, Cross-Appellee v. The Aetna Casualty and Surety Company, Cross-AppellantCourt of Appeals for the Second Circuit · 1981
- Upstate Milk Cooperatives, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1984
- Prey v. County of CattaraugusAppellate Division of the Supreme Court of the State of New York · 1981
- Lanthier v. Department of TransportationAppellate Division of the Supreme Court of the State of New York · 1992