Opinion
April 21, 1986
Appeal from the Court of Claims.
Judgment affirmed, with costs, for the reasons stated in the decision and supplemental decision of Judge Weisberg of the Court of Claims.
In addition, contrary to the claimant's contentions on this appeal, the record does not support a finding that actions of the Department of Transportation contributed to construction delays, thereby abrogating the contract's liquidated damage provision (see, Babylon Assoc. v. County of Suffolk, 101 A.D.2d 207, 217). Nor does the record support the claimant's contention that the Department of Transportation fraudulently misrepresented to claimant that the construction project could be completed within one year when one year was an unreasonably short period (see, Albert Saggese, Inc. v. Town of Hempstead, 100 A.D.2d 885, mod on other grounds 64 N.Y.2d 908). Niehoff, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.