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PECKHAM RD. CO. v. STATE OF N. Y.

32 A.D.2d 139 (1969)

Peckham Road Co., Respondent, v. State of New York, Appellant. (Claim No. 41386.)

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

June 3, 1969.

Attorney(s) appearing for the Case

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

John B. Gilleran for respondent.

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

Per Curiam.

The State of New York appeals from a judgment in favor of the claimant based upon an alleged unreasonable delay by the State in a road construction project.

There is no substantial dispute as to the facts. On February 8, 1961 the respondent and the State of New York entered into a contract for the reconstruction of a portion of the Ossining-Kitchawan State Highway. Under the terms of the contract...

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