D'Angelo v. State
New York Court of Claims
1Opinion of the CourtRichard S. Heller, J.
The claim as filed seeks recovery of four separate items based upon a contract between claimants and the State, entered into on or about August 2, 1950, for the reconstruction of an interstate bridge over the Delaware River between the borough of Damascus, Pennsylvania, and the town of Cochecton, New York.
The State has interposed a defense to all of the items included in this claim based upon an assertion of the contract clause providing that acceptance of a final payment operates as a release of any further claims arising under the contract.
Whether the acceptance of an undisputed balance due…
2Cases cited11 opinions
- Kinser Construction Co. v. . State of N.Y.New York Court of Appeals · 1912
- 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
- Young Fehlhaber Pile Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1942
- Fredburn Construction Corp. v. City of New YorkNew York Court of Appeals · 1939
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3Cited by3 opinions
- John Arborio, Inc. v. StateNew York Court of Claims · 1963
- D'Angelo v. StateNew York Court of Appeals · 1976
- Serafini Construction Co. v. StateNew York Court of Claims · 1962