Davis-Eckert v. State

OPINION OF THE COURT

Mikoll, J.

Claimant filed a claim against the State in 1979 alleging that the State breached its contract with claimant by, inter alia, delaying and interfering with claimant’s work, and that said breach caused claimant to incur over $8 million in unbudgeted and unplanned expenses. A pretrial conference was scheduled for January 6, 1986 and exhibits were to be marked at that time.

Court of Claims rule 206.23 (g) (2) (22 NYCRR 206.23 [g] [2]) provides that exhibits should be marked at the pretrial conference. At a conference in chambers, the State announced that it refused to…