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JOHNSON, DRAKE & PIPER v. STATE OF N. Y.

24 A.D.2d 11 (1965)

Johnson, Drake & Piper, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 35090.)

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

July 29, 1965.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Paxton Blair and Ruth V. Iles of counsel), for appellant-respondent.

Nevius, Jarvis & Pilz (Carl E. Buckley and Stanley J. Norton of counsel), for respondent-appellant.

GIBSON, P. J., HERLIHY, REYNOLDS, TAYLOR and AULISI, JJ., concur.

Per Curiam.

The parties appeal from the adverse portions of a judgment of the Court of Claims.

On December 17, 1953 claimant entered into a contract with the State of New York for the construction of 5.37 miles of a highway in Orange County known as the "Quickway". The contract required the work to be completed on June 15, 1955. The grant by the State of five successive requests by claimant extended the completion...

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