Legal Opinion

Whitmyer Bros., Inc. v. State

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

Decided July 13, 1978No. Claim No. 57565PublishedCited by 25 opinions

1Opinion of the Court

*105OPINION OF THE COURT

Larkin, J.

Claimant, Whitmyer Bros., Inc., as low bidder, was awarded a contract by the Department of Transportation of the State of New York for the improvement of the Cross Westchester Parkway. The contract was dated January 4, 1971 and had a completion date of August 9, 1972. In addition to the main agreement, the contract documents included the proposal, the contract plans and the public works specifications. One major portion of the contract was guide rail work, including rehabilitation of existing guide rails and erection of new ones. Whitmyer presented D. Lambert…

2Cases cited5 opinions

  1. Shipman v. Words of Power Missionary Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 1976
  2. Degnon Contracting Co. v. . City of New YorkNew York Court of Appeals · 1923
  3. Mount Vernon Contracting Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1977
  4. Kec Corp. v. Fulton-Montgomery Community CollegeAppellate Division of the Supreme Court of the State of New York · 1974
  5. Amadeus, Inc. v. StateNew York Court of Appeals · 1971

3Cited by25 opinions

  1. Wolff & Munier, Inc., Plaintiff-Appellant-Cross-Appellee v. The Whiting-Turner Contracting Company, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1991
  2. Westinghouse Electric Corp. v. New York City Transit AuthorityDistrict Court, S.D. New York · 1990
  3. S. Leo Harmonay, Inc. v. Binks Manufacturing Co.District Court, S.D. New York · 1984
  4. United States ex rel. Evergreen Pipeline Construction Co. v. Merritt Meridian Construction Corp.Court of Appeals for the Second Circuit · 1996
  5. Najjar Industries, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1982

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