T. Y. Leonard, Inc. v. State

Claimant corporation entered into a contract with the Superintendent of Public Works to move various State departments located in various buildings in the city of Buffalo into the new State office building. The new State office building is equipped with two elevators. One of these was padded and prepared for the purpose of hauling freight, including the furniture, office files and other equipment being moved by the claimant. The other elevator was reserved for passenger use.

During the progress of the contract the passenger elevator got out of repair, necessitating the use of the so-called…