Yonkers Contracting Co. v. New York State Thruway Authority

Chief Judge Fuld.

Yonkers Contracting Company, the claimant before us, made a contract with the Thruway Authority to construct a portion of the Erie .section of the Thruway. After acceptance of the job by the Authority on August 19,1958, there was a disagreement between the parties with respect to certain claims, the principal one being for extra foundation gravel— known -as “ Item 39X.” Yonkers refused to accept the Authority’s final estimate, submitted on October 24, 1958, or its check based thereon, which was tendered on or about July 30, 1959. Subsequently, following accepted procedure,…