Legal Opinion

Sweeney v. State

Appellate Division of the Supreme Court of the State of New York

Decided March 27, 1929No. Claim No. 17,449PublishedCited by 7 opinions

1Per curiam

This was a claim for unliquidated damages resultant from breach of contract. The contract and circumstances involved are such that under the common law the pecuniary loss to claimant as of a fixed time could not have been ascertained by the State with reasonable certainty by computation alone or in connection with generally recognized standards. (Faber v. City of New York, 222 N. Y. 255; Gray v. Central R. R. Co. of New Jersey, 157 id. 483.) The last sentence of section 480 of the Civil Practice Act (as amd. by Laws of 1927, chap. 623) makes compulsory the allowance of interest in pending…

2Cases cited4 opinions

  1. Union Pacific Railroad v. Laramie Stock Yards Co.Supreme Court of the United States · 1913
  2. Jacobus v. . ColgateNew York Court of Appeals · 1916
  3. Faber v. . City of New YorkNew York Court of Appeals · 1918
  4. Sackheim v. . PigueronNew York Court of Appeals · 1915

3Cited by7 opinions

  1. J. B. Preston Co. v. FunkhouserNew York Court of Appeals · 1933
  2. The Dick Sand Co. v. StateNew York Supreme Court · 1930
  3. Ketcham v. WilburAppellate Division of the Supreme Court of the State of New York · 1930
  4. J. B. Preston Co. v. FunkhouserAppellate Division of the Supreme Court of the State of New York · 1932
  5. In re JohnsonAppellate Division of the Supreme Court of the State of New York · 1931

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