Belmar Contracting Co. v. State
Appellate Division of the Supreme Court of the State of New York
Appeal by the claimant, Belmar Contracting Company, Inc., from so much of a judgment of the Court of Claims, entered in the office of the clerk of said court on the 16th day of March, 1920, upon the decision of the court as decrees and adjudges that claimant is not entitled to an award and judgment against the defendant for damages arising from the failure of the defendant to permit the claimant to construct a certain highway in the fall of 1915.
1Dissent
Cochrane, J. (dissenting):
The delay of the State Highway Commissioner until October 20, 1915, did not necessitate the delay of the claimant until'the following year. The court has found at the claimant’s request that it could have completed the work in six weeks which would have made the completion earlier in the year than it was actually completed in the following year. It has also been found at claimant’s request that its road building *78machinery and plant were idle and that there was sufficient labor available in the autumn of 1915. It is also found that the delay until the following year…
Also in this document: Concurrence.
2Cases cited1 opinion
- New York State Construction Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914