Legal Opinion

Bero Construction Corp. v. State

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

Decided April 6, 1967No. Claim No. 40377PublishedCited by 5 opinions

1Opinion of the Court

—Judgment unanimously modified on the law and facts and a new trial granted in part, in accordance with the Memorandum, and as modified, affirmed, with costs to the respondent-appellant. Memorandum: The Trial Judge found that there was a breach of contract and that the State was responsible for delay in completion of the contract. We agree with the first of these findings (see Groves & Sons v. State of New York, 27 A D 2d 637), but disagree in part as to the latter. It does not appear from the record that all of the delay was caused by the State. Part, at least, may have been chargeable…

2Cases cited2 opinions

  1. Danolds v. . the State of New YorkNew York Court of Appeals · 1882
  2. Oswego Falls Pulp & Paper Co. v. Stecher Lithographic Co.New York Court of Appeals · 1915

3Cited by5 opinions

  1. Manshul Construction Corp. v. Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 1981
  2. Fehlhaber Corp. & Horn Construction Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1979
  3. Fehlhaber Corp. & Horn Construction Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1978
  4. Manshul Construction Corp. v. Dormitory Authority of New YorkNew York Supreme Court · 1981
  5. Port Chester Electrical Construction Corp. v. Hbe Corporation and the Fireman's Fund Insurance CompanyCourt of Appeals for the Second Circuit · 1992

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