Buffalo Electric Co. v. State

The Court of Claims Judge dismissed the claim on the ground that the claim was barred as a matter of law by the claimant’s acceptance of a check in payment of the undisputed contract balance, under the provision of the contract that “ The acceptance by the contractor of the last payment on this contract, as hereinbefore provided, shall be and shall operate as a release to the State of New York * * * from all claim and liability # * # relating to or affecting the work ”. In our opinion, the dismissal of the claim as a matter of law was erroneous. There was a question of fact as to whether the…