Legal Opinion

Melwood Construction Corp. v. State

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

Decided April 21, 1986No. Claim No. 63926PublishedCited by 3 opinions

1Opinion of the Court

— In a claim to recover damages for breach of contract, the claimant appeals from a judgment of the Court of Claims, dated November 16, 1984, which dismissed the claim.

Judgment affirmed, with costs, for the reasons stated in the decision and supplemental decision of Judge Weisberg of the Court of Claims.

In addition, contrary to the claimant’s contentions on this appeal, the record does not support a finding that actions of the Department of Transportation contributed to construction delays, thereby abrogating the contract’s liquidated damage provision (see, Babylon Assoc. v County of Suffolk,…

2Cases cited3 opinions

  1. Babylon Associates v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1984
  2. Albert Saggese, Inc. v. Town of HempsteadNew York Court of Appeals · 1985
  3. Albert Saggese, Inc. v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by3 opinions

  1. C. O. Falter Construction Corp. v. City of BinghamtonAppellate Division of the Supreme Court of the State of New York · 1999
  2. C. O. Falter Construction Corp. v. City of BinghamtonAppellate Division of the Supreme Court of the State of New York · 1999
  3. Ann-Par Sanitation, Inc. v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2005

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