Opinion
November 11, 1942.
The claim involved in this action arises out of a contract for the remodeling of the interior of certain cell blocks in the New York State Reformatory at Elmira, New York. The claim embraces many items. The Court of Claims awarded damages to claimant in the sum of $6,557.02. It disallowed certain other items. The judgment of the Court of Claims is modified on the law and facts by directing that claimant shall recover in addition to the amount allowed, the amounts claimed in items 1-a, 1-b, 1-d and No. 10, and as so modified the judgment is affirmed with costs to appellant. Claimant is directed to submit to the court on notice a proposed decision and order reversing the findings of the Court of Claims regarding the items enumerated and making new findings in conformity with this decision. Hill, P.J., Crapser, Bliss, Heffernan and Schenck, JJ., concur.