Legal Opinion

E.W. Tompkins Co. v. State

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

Decided July 22, 2004No. Claim No. 78016PublishedCited by 1 opinion

1Opinion of the CourtCarpinello, J.

Appeal from a judgment of the Court of Claims (Corbett, Jr., J.), entered July 3, 2003, upon a decision of the court in favor of claimant.

At issue is an $185,000, plus interest, damage award to Tougher Industries, Inc., a subcontractor of claimant on a correctional facility construction project. Damages were awarded to Tougher, which had a liquidating agreement with claimant, as a result of defendant’s failure to properly coordinate the project. Defendant does not take issue with the substantive finding that it caused delays in this project; rather, on appeal, it claims that a contractual…

2Cases cited3 opinions

  1. Berley Industries, Inc. v. City of New YorkNew York Court of Appeals · 1978
  2. Tug Hill Construction, Inc. v. County of BroomeAppellate Division of the Supreme Court of the State of New York · 2000
  3. Clifford R. Gray, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by1 opinion

  1. Tuckett v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2023

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