Depot Construction Co. v. State

— Levine, J.

Appeal from an order of the Court of Claims (Benza, J.), entered March 18, 1985, which granted the State’s motion for, inter alia, summary judgment dismissing the claim.

Claimant and the State entered into a contract for the performance of work at the South Mall construction project in the City of Albany whereby claimant was, among other things, to pump water from the sand drainage layer of the earth beneath the construction site for a period of 20 weeks at a cost of $1,000 per week. The pumping was denoted as "item 2F-94 (dd)”. During the course of its performance, claimant…