Snyder Construction Co. v. State

OPINION OF THE COURT

Sweeney, J. P.

The underlying action is one by claimant to recover for the State’s alleged breach of a contract for reconstruction of portions of Routes 5 and 13 in Madison County. Concededly, all moneys had been paid under the contract except $41,920.69. The Comptroller, pursuant to section 220-b of the Labor Law, ordered the sum of $11,000 withheld from the contract payments. Accordingly, the State sent claimant a check marked "final” in the sum of $30,920.69. Claimant cashed this check.

The State contends that the release provisions of the contract, and section 145 of the…