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HOMER ENG. CO. v. STATE OF NEW YORK

12 N.Y.2d 508 (1963)

Homer Engineering Company, Inc., Respondent, v. State of New York, Appellant.

Court of Appeals of the State of New York.

Decided May 9, 1963.

Attorney(s) appearing for the Case

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

Emanuel Harris, Max E. Greenberg and Leonard Shabasson for respondent.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER concur.

SCILEPPI, J.

Under the authority of subdivision 4 of section 588 of the Civil Practice Act, the State has appealed directly to this court from a judgment of the Court of Claims awarding claimant, Homer Engineering Company, Inc., the sum of $6,053.69.

The facts are undisputed. Claimant performed certain work at the Middletown State Homeopathic Hospital pursuant...

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