SORRENTINO v. STATE OF NEW YORK


13 A.D.2d 5 (1961)

Floyd F. Sorrentino, Respondent, v. State of New York, Appellant. (Claim No. 34905.)

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

March 21, 1961.


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jean M. Coon and Paxton Blair of counsel), for appellant.

McClung, Peters & Simon (William J. Murphy of counsel), for respondent.

BERGAN, P. J., COON, GIBSON, HERLIHY and REYNOLDS, JJ., concur.


Per Curiam.

The State appeals from a judgment of the Court of Claims for the balance found due under a contract for the removal and reinterment of human remains from a cemetery within the right of way of a projected highway.

The basic issue is whether the contract requires the payment of a unit price of $44.98 for the "complete transfer of each body", regardless of number, in accordance with claimant's proposal...

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