Legal Opinion
Buffalo Electric Co. v. State
Appellate Division of the Supreme Court of the State of New York
Decided January 17, 1963No. Claim No. 32217PublishedCited by 3 opinions
1Per curiam
This case is before us for a second time. Originally, the claim had been dismissed by the Court of Claims upon the ground that the claim was barred as a matter of law by virtue of the claimant’s having accepted a check in payment of the undisputed contract balance, in view of the provision of the contract that “ The acceptance by the Contractor of the last payment on this contract as hereinbefore provided, shall be and shall operate as a release to the State of New York ” (4 Mise 2d 172,174). Upon appeal, this court reversed and remitted the case to the Court of Claims to make findings of…
2Cases cited10 opinions
- Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
- Rosenblum v. Manufacturers Trust Co.New York Court of Appeals · 1936
- City of New York v. Dowd Lumber Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Rusciano & Son Corp. v. StateNew York Court of Claims · 1952
- Rusciano & Son Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1952
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3Cited by3 opinions
- Buffalo Electric Co. v. StateNew York Court of Appeals · 1964
- National American Corp. v. Federal Republic of Nigeria and Central Bank of NigeriaCourt of Appeals for the Second Circuit · 1979
- National American Corp. v. Federal Republic of Nigeria and Central Bank of NigeriaCourt of Appeals for the Second Circuit · 1979