Trimpoli v. State

Claimant sued the State of New York for breach of a contract with the Department of Public Works for the grading, landscaping and other improvements at the Campus site, Albany, New York. The breaches charged consisted of (a) eliminating arbitrarily certain specified items of the work and (b) directing the claimant over his protest to fill in certain low areas in a manner which blocked drainage with a resulting flooding of the site and consequent impediment to claimant’s operations.

The claim came on for trial at Albany on May 7 and 8, 1958. At the conclusion of the trial the court directed…