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ZARA CONTR. CO. v. STATE OF N. Y.

15 Misc.2d 351 (1959)

Zara Contracting Co., Inc., Claimant, v. State of New York, Defendant. (Claim No. 34331.)

Court of Claims.

January 22, 1959.

Attorney(s) appearing for the Case

Max E. Greenberg and Emanuel Harris for claimant.

Louis J. Lefkowitz, Attorney-General (Richard Foster of counsel), for defendant.

ALEXANDER DEL GIORNO, J.

The unusual phase of this contract was the State's opening statement that this job was done too well, that too much asphalt was laid on the pavement.

The State estimated the required tonnage of asphalt for the entire job was 3,664.04 tons at $11 per ton. It was conceded that the delivered tonnage of asphalt was 5,334.41 tons. It was agreed that the amount unpaid was 1,670.31 tons of asphalt

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