Legal Opinion
D. W. Winkelman Co. v. State
New York Court of Claims
Decided April 10, 1959No. Claim No. 33866PublishedCited by 3 opinions
1Opinion of the CourtCharles T. Major, J.
This is a claim for damages consisting of increased costs to claimant alleged to have been caused by State engineer’s wrongful and illegal refusal to approve the use for fill, or borrow from the privately owned lands for which claimant made arrangements prior to the execution of the contract hereinafter described.
On May 3,1954, claimant and the State entered into a contract, Number S. H. 54-5; ft. C. 54 — 49 for the construction and reconstruction of 4.12 miles of State highway, including grading, drainage, cement and asphalt pavement and two bridges, located in Lake Onondaga West Shore…
2Cases cited5 opinions
- Gillet v. . Bank of AmericaNew York Court of Appeals · 1899
- Borough Construction Co. v. City of New YorkNew York Court of Appeals · 1910
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1902
- Rusciano & Son Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1951
- Harnett Co. v. New York State Thruway AuthorityNew York Court of Claims · 1956
3Cited by3 opinions
- Zogby v. StateNew York Court of Claims · 1967
- Weintraub v. Flood Control DistrictCourt of Appeals of Arizona · 1969
- D. W. Winkelman Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1960