Legal Opinion

Tully & Di Napoli, Inc. v. State

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

Decided July 8, 1970No. Claim No. 44022PublishedCited by 4 opinions

1Opinion of the Court

Staley, Jr., J.

These are cross appeals from a judgment in favor of claimants, entered January 20, 1969 upon a decision of the Court of Claims.

On December 1, 1958 claimants entered into a contract with the State for the construction of a portion of the Cross-Bronx Expressway and a portion of Throgs Neck Expressway. The work to be performed consisted of preliminary grading and drainage, water main and sewer installations, construction of concrete abutments and retaining walls, and other miscellaneous items. The contract was a unit price contract, and provided that the unit price bid for each…

2Cases cited3 opinions

  1. Jackson v. StateAppellate Division of the Supreme Court of the State of New York · 1924
  2. Jackson v. StateNew York Court of Appeals · 1925
  3. Cauldwell-Wingate Co. v. StateNew York Court of Appeals · 1938

3Cited by4 opinions

  1. Manshul Construction Corp. v. Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 1981
  2. Port Chester Electrical Construction Corp. v. Hbe Corporation and the Fireman's Fund Insurance CompanyCourt of Appeals for the Second Circuit · 1992
  3. Mount Vernon Contracting Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1977
  4. Data Electric Co. v. Nab Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1976

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