Tufano Contracting Corp. v. Port of New York Authority

In an action upon a construction contract between plaintiff (a contractor) and defendant, to recover compensation computed at a rate higher than that which was determined by defendant’s engineer (as arbitrator under the contract) to be applicable to the work done thereunder by plaintiff pursuant to defendant’s “ change order ”, the parties cross-appeal as follows from an order of the Supreme Court, Queens County, dated October 19, 1962: (1) Plaintiff appeals from so much of said order as denied its motion, inter alia, for partial summary judgment. (2) Defendant appeals from so much of said…