Rusciano & Son Corp. v. State

Claimant sued the State of New York for a balance due on a construction contract and for extra work, labor and services performed. Before the trial the State paid and the claimant accepted the amount that the Department of Public Works admitted to be due on its final estimate but the question of the allowance of accrued interest thereon was left for our determination. At the commencement of the trial all items of claimant’s demand except three were withdrawn. We awarded claimant interest on the final estimate and dismissed its claim on the three litigated items. Our decision rendered February…