D'Angelo v. State

Memorandum. The order of the Appellate Division should be modified to award interest to claimants on the disputed “ Railroad Protection ” contract item from May 23, 1968, and, as modified, affirmed.

The final estimate was presented by the State on May 23 and absent a showing that the estimate could have been prepared any sooner, interest should be computed from that date and not earlier (see Yonkers Contr. Co. v. New York State Thruway Auth., 25 N Y 2d 1, 6). Section 38 (subd. 7, par. [g]) of the Highway Law would allow interest starting 90 days after acceptance by the State, namely, April 28,…