BUFFALO ELEC. CO. v. STATE OF NEW YORK


9 A.D.2d 372 (1959)

Buffalo Electric Co., Inc., Appellant, v. State of New York, Respondent. (Claim No. 32217.)

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

December 23, 1959.


Attorney(s) appearing for the Case

William E. Miller (Warner F. Thompson of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Jerome Lefkowitz and Paxton Blair of counsel), for respondent.

All concur. Present — McCURN, P. J., KIMBALL, WILLIAMS, GOLDMAN and HALPERN, JJ.


Per Curiam.

The Court of Claims Judge dismissed the claim on the ground that the claim was barred as a matter of law by the claimant's acceptance of a check in payment of the undisputed contract balance, under the provision of the contract that "The acceptance by the contractor of the last payment on this contract, as hereinbefore provided, shall be and shall operate as a release to the State of New York * * * from...

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