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

27 A.D.2d 13 (1966)

Vern Norton, Inc., Respondent, v. State of New York, Appellant. (Claim No. 46332.)

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

December 22, 1966.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Robert L. Harrison and Ruth Kessler Toch of counsel), for appellant.

Leonard H. Rubin, Max E. Greenberg and Emanuel Harris for respondent.

HERLIHY, REYNOLDS, STALEY, JR., and BRINK, JJ., concur.

GIBSON, P. J.

Appeal is taken by the State from a judgment of the Court of Claims entered upon an order of that court which granted claimant's motion for partial summary judgment upon a claim for damages for alleged breach of contract; the sole issue in this court arising upon appellant's contention that "summary judgment is not available in the Court of Claims."

Appellant's argument is quite simply stated. Under CPLR 3212 (subd. [a]), summary...

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