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COUNTY EXCAVATION v. STATE OF N. Y.

44 Misc.2d 1057 (1964)

County Excavation, Inc., Claimant, v. State of New York, Defendant. (Claim No. 39982.)

Court of Claims.

November 3, 1964

Attorney(s) appearing for the Case

Tabner & Carlson (John W. Tabner of counsel), for claimant. Louis J. Lefkowitz, Attorney-General (Leonard H. Rubin of counsel), for defendant.

HENRY W. LENGYEL, J.

This is a claim for damages arising out of a certain contract executed on August 17, 1959 by the claimant and the State of New York. The contract was known as Contract No. FASH 59-12 for the construction of approximately 0.9 of a mile of highway along Route 28 in the Village of Herkimer, New York.

The claimant generally seeks the following damages: (a) $9,640.69 caused by the failure...

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