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OTTAVIANO, INC. v. STATE OF N. Y.

32 A.D.2d 87 (1969)

A. E. Ottaviano, Inc., Respondent, v. State of New York, Appellant. (Claim No. 46777; Motion No. 9534.)

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

May 13, 1969.

Attorney(s) appearing for the Case

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

Gilleran, Spring & Bland (Arthur J. Spring, Jr., of counsel), for respondent.

GIBSON, P. J., REYNOLDS, AULISI and GREENBLOTT, JJ., concur.

HERLIHY, J.

The State appeals from an order and judgment of the Court of Claims awarding interest to the claimant.

The State contends: 1. That claimant's failure to submit labor affidavits precludes a recovery of interest between the State's acceptance of the work on September 18, 1964 and the tender of the final payment on January 13, 1967 and 2. That the claimant's refusal to accept final payment as...

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