Triple Cities Construction Co. v. State

Appeal from a judgment of the Court of Claims (Benza, J.), entered January 27, 1989, which granted summary judgment to the State and dismissed the claim.

In 1982, claimant contracted with the Department of Transportation (hereinafter DOT) to reconstruct portions of a State highway in Cortland and Chenango Counties. The work was completed sometime in December 1983. The State issued a final payment check for the work which was dated July 13, 1984. After receipt of the check, claimant commenced this breach of contract action against the State on August 28, 1984. After answering, the State moved…