BUFFALO ELEC. CO. v. STATE OF N. Y.


17 A.D.2d 523 (1963)

Buffalo Electric Co., Inc., Appellant, v. State of New York, Respondent. (Claim No. 32217.)

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

January 17, 1963.


Attorney(s) appearing for the Case

Warner F. Thompson and William E. Miller for appellant.

Louis J. Lefkowitz, Attorney-General (Harold J. Hughes, Jr., and Paxton Blair of counsel), for respondent.

WILLIAMS, P. J., BASTOW, GOLDMAN, HALPERN and McCLUSKY, JJ., concur.


Per Curiam.

This case is before us for a second time. Originally, the claim had been dismissed by the Court of Claims upon the ground that the claim was barred as a matter of law by virtue of the claimant's having accepted a check in payment of the undisputed contract balance, in view of the provision of the contract that "The acceptance by the Contractor of the last payment on this contract as hereinbefore provided...

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