Opinion
December 29, 1942.
Appeal from Court of Claims.
Present — Hill, P.J., Crapser, Heffernan, Schenck and Foster, JJ.
Heretofore, by legislative enactment, claimant, Cauldwell-Wingate Company, and its several subcontractors sued the State for damages for breach of contract involved in this construction work. All items of these claims based on delays and interferences were dismissed by the judgment of the Court of Claims. This judgment was affirmed by this court ( 249 App. Div. 892) and was thereafter reversed by the Court of Appeals and a new trial ordered. ( 276 N.Y. 365.) Thereafter, by stipulation the amounts of damages incurred by the contractor and its subcontractors were agreed upon with the exception of General Bronze Corporation and that of Cauldwell-Wingate to the extent of its interests in that particular demand. An order of severance was made and the claims now at issue were submitted to the Court of Claims for rehearing upon the record made on the original trial. The Court of Claims found that upon the facts the claims of the contractor and the general contractor constituted valid claims against the State and awards were made accordingly. The evidence amply justifies the findings and the judgment should be affirmed. Judgment unanimously affirmed, with costs and disbursements.