Legal Opinion
MacFarland-Breakell Building Corp. v. New York State Thruway Authority
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 1984No. Claim No. 68371PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Levine, J.
Claimant entered into a contract with the New York State Thruway Authority (the Authority) in February, 1981, for the rehabilitation of Thruway bridges located in Montgomery County. The contract contained a clause which stated in substance that acceptance by the contractor of final payment would operate as a release of all claims arising out of the construction unless a detailed and verified statement of claim was served within 40 days of the mailing of such payment. During the *140course of the project, disputes arose concerning whether site conditions not…
2Cases cited3 opinions
- Plumbing, Heating, Piping & Air Conditioning Contractors Ass'n v. New York State Thruway AuthorityNew York Court of Appeals · 1959
- Easley v. New York State Thruway AuthorityNew York Court of Appeals · 1956
- Hanover Sand & Gravel, Inc. v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by9 opinions
- Dreger v. New York State Thruway AuthorityNew York Court of Appeals · 1992
- Slutzky v. CuomoAppellate Division of the Supreme Court of the State of New York · 1986
- Mancuso v. New York State Thruway AuthorityCourt of Appeals for the Second Circuit · 1996
- Mancuso v. New York State Thruway AuthorityCourt of Appeals for the Second Circuit · 1996
- M. Kramer & Sons, Inc. v. Facilities Development Corp.Appellate Division of the Supreme Court of the State of New York · 1985
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