Majority
p. 644Dalrymple Gravel & Contracting Co., Inc., Respondent, v. State of New York, Appellant. (Claim No. 38594.) Argued January 16, 1967; decided February 14, 1967.
p. 645
Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for appellant.
Alex T. LaRrecque for respondent.
Order affirmed, with costs, in a memorandum. In Buffalo Elec. Co. v. State of New York ( 14 N Y 2d 453 [1964]) and Brandt Corp. v. City of New York ( 14 N Y 2d 217 , 220 [1964]) we held that when a claimant accepted final payment from the State or city pursuant to its contract “it could not thereafter assert claims for additional sums which it had attempted to reserve ” upon acceptance. This in no way conflicts with our holding in this ease where the only issue is whether any valid acceptance was made. We conclude that there was sufficient evidence to support the affirmed finding below that no acceptance was ever effected.
Concur: Chief Judge Fuld and Judges Van Voorhis, Burke, Soileppi, Bergan, Keating and Breitel.
Cases cited
- Buffalo Electric Co. v. State 14 N Y 2d 453 p. 645
- Brandt Corp. v. City of New York 14 N Y 2d 217 at 220 p. 645