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BYRNE CONSTR. v. N. Y. S. THRUWAY AUTH.

30 Misc.2d 980 (1961)

Byrne Construction Co., Inc., Claimant, v. New York State Thruway Authority, Defendant. (Claim No. 36229.)

Court of Claims.

August 7, 1961

Attorney(s) appearing for the Case

Hancock, Dorr, Ryan & Shove (Lewis Ryan and Morris Berman of counsel), for claimant. Louis J. Lefkowitz, Attorney-General (Stanley Scott of counsel), for defendant.

BERNARD RYAN, P. J.

The claimant contracted with the New York State Thruway Authority to make alterations to its division maintenance building at De Witt, New York, according to plans and specifications prepared for the Authority by its architects, Eggers and Higgins, employed under contract. Among other things claimant's contract required it to construct a free standing chimney 85 feet in height. That smokestack...

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