Legal Opinion

Depot Constr. Corp. v. State of New York

New York Court of Appeals

Decided February 14, 1967No. Claim 39602PublishedCited by 15 opinions

1Per curiam

Claimant and the State entered into an agreement in March, 1958 for the construction of a building at Manhattan State Hospital on Ward’s Island for a gross sum in excess of $6,000,000, which included rock excavation at the site. The amount payable for this item is the subject of this appeal. The contract provided for a lump sum for all the work to be performed with two exceptions, one of which was that unit prices were prescribed for excavation in quantities in excess of or less than the amounts assumed by the specifications. It was accordingly provided in the specifications that if the…

2Cases cited3 opinions

  1. Foundation Company v. . State of New YorkNew York Court of Appeals · 1922
  2. Weston v. State of New YorkNew York Court of Appeals · 1933
  3. Leary v. . City of WatervlietNew York Court of Appeals · 1918

3Cited by15 opinions

  1. Sanford Construction Co. v. S & H CONTRACTORS, INC.Court of Appeals of Kentucky (pre-1976) · 1969
  2. Interstate Wrecking Co. v. Palisades Interstate Park CommissionSupreme Court of New Jersey · 1971
  3. Marcellus Construction Co. v. Village of BroadalbinAppellate Division of the Supreme Court of the State of New York · 2003
  4. Costanza Construction Corp. v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1989
  5. Industrial Window Corp. v. Federal InsuranceDistrict Court, S.D. New York · 2009

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