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ZARA CONTRACTING CO., INC. v. COUNTY OF NASSAU

8 A.D.2d 740 (1959)

Zara Contracting Co., Inc., Respondent, v. County of Nassau, Appellant

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

May 18, 1959

Judgment affirmed, with costs.

No opinion.

Beldock, J., dissents and votes to modify the judgment by reducing the award of damages to $45,000 and, as so modified, to affirm the judgment, with the following memorandum:

On this record it is a mathematical impossibility to compute respondent's damage at $81,662.17, the amount awarded, except by concluding that the Official Referee awarded (a) $45,000 of the approximately $88,000 claimed by...

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