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279 N.Y. 243

18 N.E.2d 143

Turner Construction Co. v. State

New York Court of Appeals

Decided November 29, 1938

New York Court of Appeals · decided 1938-11-29

Good law ✅— No negative treatment on recordhow we know

Decided 1938-11-29

How this case has been cited

Cited by 6 later decisions — most recently June 1972

5 state decisions

4019381940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1 The claimant has been awarded the sum of $1,647.89 under item 7 for damages caused to the contractor by the directions of the inspectors for the State of New York to remove materials, buildings and equipment and to rebuild temporary roadways in order to give other contractors reasonable opportunity to construct sewers and tunnels required by the State in the construction of the hospital and its appurtenances. We find authority for these directions in article 21, section 84, of the specifications, which provides that the contractor shall afford other contractors reasonable opportunity for the execution of their work performed under contracts let “ in connection with this work.”

¶2 The judgment should be modified by deducting therefrom the sum of $1,647.89, with interest, and as so modified affirmed, without costs.

¶3 Crane, Ch. J., Lehman, O’Brien, Hubbs, Loughran, Finch and Bjppey, JJ., concur. ,

¶4 Judgment accordingly.

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