Belmar Contracting Company, Inc., Respondent v. the State of New York, Appellant

Summary

The New York Court of Appeals held that under §130 of the Highway Law a formal written contract must be executed after comptroller approval before the State can be liable, and therefore the contractor could not recover damages caused by the State's delay. The Court also held the contractor was estopped from claiming such damages after accepting and performing the contract, reversing the Appellate Division and affirming the original judgment for the State.