John Arborio, Inc. v. State , 280 A.D. 849 ( 1952 )

— Appeal by claimant from a judgment of the Court of Claims insofar as it disallowed certain items for additional compensation under a highway construction contract. Only questions of fact are involved as to the terms of an oral alteration of the original contract, and we think the weight of evidence sustains the findings of the court below. Judgment unanimously affirmed, with costs. Present — Foster, P. J., Heffeman, Brewster, Bergan and Coon, JJ.