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TERRY CONTR. v. STATE OF NEW YORK

23 N.Y.2d 167 (1968)

Terry Contracting, Inc., Appellant, v. State of New York, Respondent. (Claim No. 41902.)

Court of Appeals of the State of New York.

Decided November 20, 1968.

Attorney(s) appearing for the Case

Emanuel Harris and Max E. Greenberg for appellant.

Louis J. Lefkowitz, Attorney-General (Joseph A. Cutro and Ruth Kessler Toch of counsel), for respondent.

Chief Judge FULD and Judges SCILEPPI, BERGAN, KEATING, BREITEL and JASEN concur.

BURKE, J.

The claimant entered into a contract with the State by which it undertook the construction of the superstructure and part of the substructure of a precast, prestressed continuous concrete girder bridge consisting of three spans across the Oneida River at Brewerton in Onondaga County. Subsequent to the completion and acceptance of the contract work, claimant filed a claim against the State which included...

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