Tippetts Abbett McCarthy Stratton v. New York State Thruway Authority
| Decision Date | 30 December 1963 |
| Docket Number | TIPPETTS-ABBETT-M,A,CARTHY-STRATTO |
| Citation | 196 N.E.2d 64,13 N.Y.2d 1091,246 N.Y.S.2d 409 |
| Parties | , 196 N.E.2d 64 cppellant, v. The NEW YORK STATE THRUWAY AUTHORITY, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 18 A.D.2d 402, 239 N.Y.S.2d 732.
Claimant, which had entered into a contract with the New York State Thruway Authority to provide engineering services, including detailed supervision, relating to performance of a construction contract, filed a claim against the State for damages for breach of contract because completion date was extended with the approval of the Thruway Authority several times.
The Court of Claims, Bernard Ryan, P. J., 27 Misc.2d 522, 212 N.Y.S.2d 263, entered a judgment for the claimant, and the Thruway Authority appealed.
The Appellate Division, Bergan, P. J., modified the judgment and affirmed it as modified and held that even in areas where the prime contractor might have been dilatory in performance, the Thruway Authority was not required at risk of liability to supervising contractor for damages for delay to impose on prime contractor engineering and inspection expenses incurred by the Thruway Authority and pay them to claimant.
The claimant appealed to the Court of Appeals.
Sylvester & Harris, New York City , for claimant-appellant.
Louis J. Lefkowitz, Atty. Gen. , for respondent.
Judgment affirmed, with costs.
All concur.
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