MIDCOURT BUILDERS CORP. v. STATE


24 A.D.2d 532 (1965)

Midcourt Builders Corp., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 39679.)

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

June 23, 1965


Judgment unanimously reversed on the law and facts and in the interest of justice and new trial granted, without costs of these appeals to either party.

Memorandum:

The decision of the trial court refusing an adjournment to give claimants additional time to serve the written notice as provided in section 16 of the Court of Claims Act set in motion a chain of events that mandate a new trial. Claimants' attorneys were derelict in failing to serve the notices...

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