Legal Opinion
Triple Cities Construction Co. v. State
Appellate Division of the Supreme Court of the State of New York
Decided June 24, 1993PublishedCited by 4 opinions
1Opinion of the CourtCasey, J.
Cross appeals from a judgment in favor of claimant, entered January 3, 1992, upon a decision of the Court of Claims (Benza, J.).
This action arises out of claimant’s construction of 2.39 miles of highway in Chenango County pursuant to a contract with the Department of Transportation (hereinafter DOT). Claimant’s first cause of action seeks to recover on a quantum meruit basis, rather than the contract price, for certain slope protection work, which involved the placement of rock materials on unstable slope surfaces to prevent erosion. The second cause of action seeks to recover damages for the…
2Cases cited5 opinions
- Berley Industries, Inc. v. City of New YorkNew York Court of Appeals · 1978
- Depot Constr. Corp. v. State of New YorkNew York Court of Appeals · 1967
- Tufano Contracting Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1966
- Lancaster Development, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1989
- Depot Construction Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1965
3Cited by4 opinions
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- D.A. Elia Construction Corp. v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
- A. Servidone, Inc./B. Anthony Constr. Corp., J v. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2019