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HIGGINS & SONS v. STATE OF NEW YORK

20 N.Y.2d 425 (1967)

William Higgins & Sons, Inc., Appellant, v. State of New York, Respondent. (Claim No. 39928.)

Court of Appeals of the State of New York.

Decided October 31, 1967.

Attorney(s) appearing for the Case

Edward D. Siemer for appellant.

Louis J. Lefkowitz, Attorney-General (John B. Poersch and Ruth Kessler Toch of counsel), for respondent.

Chief Judge FULD and Judges VAN VOORHIS, SCILEPPI, BERGAN and BREITEL concur with Judge BURKE; Judge KEATING dissents in part and votes to further modify by granting the award for cement on the reasoning of the dissenting Justices at the Appellate Division.

BURKE, J.

This claim for moneys due arises from a dispute concerning a contract entered into between the claimant and the New York State Department of Public Works.

When a contractor such as the claimant enters into a competitive bidding for State work, he receives three basic documents on which he bases his bid. These are the plans for the work proposed, a proposal form prepared by the State and a printed...

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