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JOHNSON & SONS v. STATE OF NEW YORK

279 A.D. 294 (1952)

John A. Johnson & Sons, Inc., Appellant, v. State of New York, Respondent. (Claim No. 30226.)

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

January 9, 1952.

Attorney(s) appearing for the Case

Robert Goldstein and Max E. Greenberg for appellant.

Nathaniel L. Goldstein, Attorney-General (Wendell P. Brown, Solicitor-General, and Henry S. Manley of counsel), for respondent.

FOSTER, P. J., BREWSTER, BERGAN and COON, JJ., concur.

HEFFERNAN, J.

The question presented here is one of first impression. Appellant is a domestic corporation organized under and by virtue of the laws of the State of New York.

On July 19, 1946, appellant and respondent entered into a contract whereby the former was to furnish the labor and materials necessary in connection with the construction of the Emergency Housing Project at Marine Park, Borough of...

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