S. J. GROVES & SONS CO. v. STATE


24 A.D.2d 829 (1965)

S. J. Groves & Sons Company, Respondent, v. State of New York, Appellant. (Claim No. 38800.)

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

October 21, 1965


Judgment unanimously modified on the law and facts by reducing the amount thereto to the sum of $11,103 with interest and, as modified, affirmed, without costs of this appeal to either party.

Memorandum:

The trial court erred in awarding the sums of $20,910 and $6,630, respectively, under item 7 of the two contracts upon which the claims herein are in part based. The appropriate specification provided in part that "The quantity to be paid for will be the number...

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