UNION CONCRETE & CONSTR. CORP. v. STATE


22 A.D.2d 1012 (1964)

Union Concrete and Construction Corporation, Respondent, v. State of New York, Appellant. (Claim No. 41739.)

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

December 10, 1964


Order unanimously reversed, without costs of this appeal to either party, and matter remanded to the Court of Claims for a hearing on testimony and a determination of the question of whether or not the claimant has released its claim against the State.

Memorandum:

The Court of Claims Judge denied the State's motion to dismiss the claim based on the State's contention that claimant had released the State from any obligation thereon. The affidavit in support...

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