Legal Opinion
Eastern Rock Products, Inc. v. State
New York Court of Claims
Decided December 28, 1981No. Claim No. 65444PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Thomas J. Lowery, Jr., J.
In this claim to recover damages for an alleged breach of a public work’s contract, the State moves pursuant to CPLR 3212 for an order granting summary judgment on the ground of release.
The contract was for the reconstruction of a portion of State highway Nos. 670 and 671. It contained the standard release clause.1 After the State accepted the work, a final *205agreement2 was prepared and submitted to the claimant. At the time of the signing of the agreement, the claimant added a clause that purported to reserve its right to make a cláim for certain…
2Cases cited5 opinions
- Buffalo Electric Co. v. StateNew York Court of Appeals · 1964
- Brandt Corp. v. City of New YorkNew York Court of Appeals · 1964
- Ferran Concrete Co. v. Facilities Development Corp.Appellate Division of the Supreme Court of the State of New York · 1978
- SNYDER CONSTR. CO., INC. v. StateNew York Court of Appeals · 1981
- Snyder Construction Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by4 opinions
- MacFarland-Breakell Building Corp. v. New York State Thruway AuthorityNew York Court of Claims · 1984
- Ritangela Construction Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1992
- Fosco Fabricators, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1983
- Eastern Rock Products, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1982