Legal Opinion · Dissent

Forest Electric Corp. v. State

Appellate Division of the Supreme Court of the State of New York

Decided July 23, 1968No. Claim No. 43376Published

1DissentHerlihy, J.

While the factual issues in each case are to some degree different, I am not convinced that the present record justified the substantial award against the State of New York. (See Tippetts-Abett-McCarthy-Stratton v. New York State Thruway Auth., 18 A D 2d 402, 404-405, affd. 13 N Y 2d 1091; Websco Constr. Corp. v. State of New York, 57 Misc 2d 9.) While the State is not liable for breach of contract since its failure to take reasonable steps to properly co-ordinate the work of the prime contractors has not been established, the record does support the conclusion that the claimant incurred…

2Cases cited2 opinions

  1. Forest Electric Corp. v. StateNew York Court of Claims · 1966
  2. Websco Construction Corp. v. StateNew York Court of Claims · 1966

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