Callanan v. State

Headnote

State — claim against state for expense of procuring workmen’s compensation insurance in performance of contract with state owing to passage of Workmen’s Compensation Law while work was in progress.

Callanan v. State of New York, 195 App. Div. 944 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 11, 1921, which affirmed a judgment of the Court of Claims dismissing a claim against the state, filed pursuant to the provisions of chapter 607 of the Laws of 1918. The claim was based upon the following facts: On September 5, 1913, the firm of Laing & Horton entered into a contract with the state to construct a state highway; thereafter and on the 5th day of October, 1913, with the consent of the state authorities, they duly assigned this contract to these claimants, who performed all the work provided for therein; that after said contract was made and after its assignment to these claimants, and while the work was in progress, chapter 816 of the Laws of 1913 was enacted and this statute was re-enacted on March 16, 1914, taking effect July 1, 1914, all of which dates were before the completion of said work, and that thereby claimants were compelled to procure workmen’s compensation, insurance and were damaged to an extent not reasonably to be anticipated when said contract was made or assigned to these claimants.