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DALRYMPLE GRAVEL v. STATE OF NEW YORK

23 A.D.2d 418 (1965)

Dalrymple Gravel & Contracting Co., Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 38594.)

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

July 13, 1965.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Paxton Blair of counsel), for appellant-respondent.

Denton, Moseson & Keyser (Alex T. La Brecque of counsel), for respondent-appellant.

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

AULISI, J.

This is an appeal from a judgment of the Court of Claims, entered July 12, 1963, which made an award for extra work and material arising out of a contract for the reconstruction of State highways in Chemung and Tioga Counties.

The State contends that the action is barred because claimant cashed the final payment check thereby invoking the contract clause which provides that acceptance of the...

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