FLETCHER-Mc CARTHY CO. v. STATE OF N. Y.


53 Misc.2d 62 (1967)

Fletcher-McCarthy Construction Co., Inc., Claimant, v. State of New York, Defendant. (Claim No. 46591.)

Court of Claims.

March 3, 1967


Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Peter N. Wells of counsel), for defendant. Capecelatro, Del Buono & Vaughan (Salvador J. Capecelatro, Jr., of counsel), for claimant.


HENRY W. LENGYEL, J.

This is a motion by the State of New York for an order dismissing the claim herein upon the ground that said claim was not timely filed.

The parties hereto agreed that the State mailed a final estimate to the claimant on November 19, 1965. On January 11, 1966, the claimant executed and returned said final estimate to the Department of Public Works, together with a verified notice of claim for additional moneys allegedly due...

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