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MATTER OF WOODROCK CONTR. CO. v. YOUNG

283 A.D. 307 (1954)

In the Matter of Woodrock Contracting Co., Inc., et al., Appellants, v. Spencer C. Young, as Treasurer of The City of New York, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 23, 1954.

Attorney(s) appearing for the Case

Nelson Rosenbaum for appellants.

Anthony Curreri of counsel (Seymour B. Quel with him on the brief; Adrian P. Burke, Corporation Counsel, attorney), for respondent.

DORE, J. P., COHN, CALLAHAN and BOTEIN, JJ., concur.

Per Curiam.

Petitioner contracted with the city to construct certain sewers in Queens County. He sued for damages for breach of his contract alleging that a change of grade had added to the cost of his work. This suit was settled in open court for $15,000, and the comptroller of the city approved the settlement. A warrant was drawn by the comptroller to pay the agreed sum and delivered to the city treasurer, but the...

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