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OTTAVIANO, INC. v. STATE OF N. Y.

41 Misc.2d 578 (1964)

A. E. Ottaviano, Inc., et al., Claimants, v. State of New York et al., Defendants. (Claim No. 42583.)

Court of Claims.

January 14, 1964

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Joseph T. Hopkins of counsel), for defendant. Friedman, Marx & Handler (John B. Gilleran and Irving J. W. Marx of counsel), for Gerosa Roads, Inc., claimant.

ALEXANDER DEL GIORNO, J.

This is a motion for an order dismissing the claim of Gerosa Roads, Inc., one of the claimants herein, upon the ground that the claim does not state a cause of action.

The claim alleges, in paragraph No. 30 thereof, as follows: "That heretofore and prior to the filing of said Notice of Intention to File a Claim, the claimant A. E. Ottaviano, Inc., duly assigned to the National...

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