Legal Opinion

D'Angelo v. State

New York Court of Appeals

Decided April 29, 1976No. Claim No. 50250PublishedCited by 15 opinions

1Opinion of the Court

Memorandum. The order of the Appellate Division should be affirmed.

We reject the State’s contention that claims under public construction contracts must be proved by written business records which would be subject to audit by the State. We know of no statute, rule or decisional law which requires proof in such form. It may well be imprudent and hazardous for the claimant not to maintain detailed business records. He runs the substantial risk that his oral testimony may be disbelieved to a lesser or greater extent and that accordingly his claim may be disallowed in whole or in part for…

2Cited by15 opinions

  1. Whitmyer Bros., Inc. v. StateNew York Court of Appeals · 1979
  2. Fehlhaber Corp. & Horn Construction Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1979
  3. Fehlhaber Corp. & Horn Construction Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1978
  4. Aniero Concrete Co. v. New York City Construction AuthorityDistrict Court, S.D. New York · 2003
  5. Grow Construction Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1977

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