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TULLY & DI NAPOLI, INC., v. STATE OF N. Y.

51 Misc.2d 11 (1966)

Tully & Di Napoli, Inc., et al., Claimants, v. State of New York, Defendant. (Claim No. 46282.)

Court of Claims.

July 29, 1966

Attorney(s) appearing for the Case

Joseph B. Diamond and Emil V. Pilz for Tully & Di Napoli, Inc., claimant. Jarvis, Pilz & Norton (Emil V. Pilz of counsel), for Nicholas Di Menna & Sons, Inc., claimant. Louis J. Lefkowitz, Attorney-General (Lawrence F. De Lucia of counsel), for defendant.

ALEXANDER DEL GIORNO, J.

This is a motion by the State for an order dismissing the claim of Nicholas Di Menna & Sons, Inc., the subcontractor claimant. Motion is granted.

On June 18, 1959, claimant Tully & Di Napoli, Inc., entered into a contract with the State, No. FIBE 59 — 1, for the construction of Bruckner Expressway in Bronx County.

On June 18, 1959, anticipatory to the award of the contract to it, Tully & Di Napoli...

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