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DAVIS v. STATE OF NEW YORK

30 Misc.2d 1000 (1961)

Walter E. Davis, Jr., Claimant, v. State of New York, Defendant. (Claim No. 35143.)

Court of Claims.

October 31, 1961

Attorney(s) appearing for the Case

Gunderman, Barone, Wende & Piazza (Walter J. Gunderman of counsel), for claimant. Louis J. Lefkowitz, Attorney-General (John M. Daly of counsel), for defendant.

BERNARD RYAN, P. J.

After searching study of an overextended, confused and confusing trial record, certain facts emerge into the spotlight of clarity. The State of New York, Department of Public Works, issued a permit for the blacktopping to the edge of a highway pavement. The specifications were faulty in that they did not provide for any undertiling, and did not specify any depth or any thickness of the material...

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