Legal Opinion
Conduit & Foundation Corp. v. State
New York Court of Appeals
Decided February 26, 1981No. Claim 54809PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be modified by reinstating the judgment of the Court of Claims, except as to the award on the ninth cause of action, which should be reduced to $10,299.34. As so modified, the order should be affirmed, with costs to claimant.
The Court of Claims correctly concluded that as to the subsoil conditions the State made no misrepresentation and claimant assumed the risk of the “high incidence of boulders” of which the specification warned. Recovery of the consequential damages sought in the second through fifth causes of action…
2Cases cited2 opinions
- Foundation Company v. . State of New YorkNew York Court of Appeals · 1922
- Public Constructors, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by7 opinions
- Corinno Civetta Construction Corp. v. City of New YorkNew York Court of Appeals · 1986
- DiGioia Bros. Excavating, Inc. v. Cleveland Department of Public UtilitiesOhio Court of Appeals · 1999
- All County Paving Corp. v. Suffolk County Water AuthorityAppellate Division of the Supreme Court of the State of New York · 2005
- Davis Construction Corp. v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1989
- N.A. Orlando Contracting Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
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