Legal Opinion

Dominick Dan Alonzo, Inc. v. State

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

Decided December 20, 1979No. Claim No. 62232PublishedCited by 6 opinions

1Opinion of the Court

Appeal from an order of the Court of Claims, entered September 13, 1978, which dismissed the claim for lack of subject matter jurisdiction. Pursuant to a declaration of emergency by the Department of Correctional Facilities, claimant contracted with the State to perform construction work. After performance of the work called for by the contract had begun, an article 78 proceeding was commenced in the Supreme Court to declare the contract illegal. While that proceeding was pending, the State advised claimant that the contract was legal and that liquidated damages of $1,000 a day would be…

2Cases cited5 opinions

  1. Miller v. . SchlossNew York Court of Appeals · 1916
  2. Silverman v. ComptrollerAppellate Division of the Supreme Court of the State of New York · 1972
  3. T.P.K. Construction Corp. v. O'SheaAppellate Division of the Supreme Court of the State of New York · 1979
  4. Travelers Indemnity Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1969
  5. Community National Bank& Trust Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1979

3Cited by6 opinions

  1. Sarbro IX v. State New York Office of General ServicesAppellate Division of the Supreme Court of the State of New York · 1996
  2. Joshua A. Becker & Associates, P. C. v. StateNew York Court of Claims · 1980
  3. Skwiersky v. StateNew York Court of Claims · 1989
  4. Board of Education of City of New York v. StateAppellate Division of the Supreme Court of the State of New York · 1982
  5. May v. StateAppellate Division of the Supreme Court of the State of New York · 1982

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