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BERO CONSTR. CORP. v. STATE

27 A.D.2d 974 (1967)

Bero Construction Corporation, Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 40377.)

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

April 6, 1967

Judgment unanimously modified on the law and facts and a new trial granted in part, in accordance with the Memorandum, and as modified, affirmed, with costs to the respondent-appellant.

Memorandum:

The Trial Judge found that there was a breach of contract and that the State was responsible for delay in completion of the contract. We agree with the first of these findings (see Groves & Sons v. State of New York, 27 A.D.2d 637

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