Yonkers Contracting Co v. New York State Thruway Authority

Decision Date09 April 1970
Citation311 N.Y.S.2d 14,26 N.Y.2d 969
CourtNew York Court of Appeals Court of Appeals
Parties, 259 N.E.2d 483 YONKERS CONTRACTING COMPANY, Inc., Appellant-Respondent, v. The NEW YORK STATE THRUWAY AUTHORITY, Respondent-Appellant.

Appeal from Supreme Court, Appellate Division, Fourth Department, 26 A.D.2d 766, 271 N.Y.S.2d 855.

Suit was brought by highway contractor against the New York State Thruway Authority for sums allegedly due on highway contract.

The Court of Claims awarded judgment in part for the contractor, and there were cross-appeals.

The Appellate Division modified the judgment.

The Court of Appeals, 25 N.Y.2d 1, 302 N.Y.S.2d 521, 250 N.E.2d 27, modified and affirmed.

Motion was made in the Court of Appeals to clarify opinion.

Motion to clarify the opinion herein granted and the opinion amended to provide that interest on the interest computed on the severed judgment shall run from October 20, 1959, until payment is made.

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4 cases
  • City of New York v. State
    • United States
    • New York Court of Claims
    • August 10, 1978
    ...Yonkers Contracting Company, Inc. v. New York State Thruway Authority, 25 N.Y.2d 1, 302 N.Y.S.2d 521, 250 N.E.2d 27, mod. 26 N.Y.2d 969, 311 N.Y.S.2d 14, 259 N.E.2d 483, claimant brought suit for extra work performed incident to a contract with the defendant. The Court said at 25 N.Y.2d at ......
  • U.S. v. Hannon
    • United States
    • U.S. Court of Appeals — Second Circuit
    • February 16, 1984
    ... ... court for the Western District of New York against Hannon and two other parties, seeking ... 1286-87 and Overman, supra, at 1147) that a state statute could limit the Federal Government's ... Hellenic is not authority for permitting a party to achieve compounding of ... -judgment interest in a second judgment, Yonkers Contracting Company, Inc. v. New York State ... ...
  • D'Angelo v. State
    • United States
    • New York Supreme Court — Appellate Division
    • March 1, 1973
    ...correct. (See Yonkers Contr. Co. v. New York State Thruway Auth., 25 N.Y.2d 1, 302 N.Y.S.2d 521, 250 N.E.2d 27, mod. 26 N.Y.2d 969, 311 N.Y.S.2d 14, 259 N.E.2d 483.) Its further contention that interest should be suspended on all awards for the period of April 22, 1971 to September 12, 1971......
  • West, Weir & Bartel, Inc. v. Mary Carter Paint Company
    • United States
    • New York Court of Appeals Court of Appeals
    • April 9, 1970
    ... ... Court of Appeals of New York ... April 9, 1970 ...         Appeal ... ...

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