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TERRY CONTR. v. STATE OF N. Y.

27 A.D.2d 499 (1967)

Terry Contracting, Inc., Appellant, v. State of New York, Respondent. (Claim No. 46817.)

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

June 14, 1967.

Attorney(s) appearing for the Case

Max E. Greenberg (Leonard H. Rubin and Emanuel Harris of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Ruth Kessler Toch of counsel), for respondent.

GIBSON, P. J., HERLIHY, REYNOLDS and GABRIELLI, JJ., concur.

STALEY, JR., J.

The claimant appeals from an order of the Court of Claims which dismissed the claim on the ground that it was not timely filed.

The claim arose out of an alleged breach of contract for work performed by claimant on the Belt Parkway and Van Wyck Expressway in the Counties of Nassau, Kings and Queens.

The contract was entered into on or about June 22, 1960. On March 27, 1962, the...

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