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CAMERON EQUIP. CORP. v. PEOPLE

31 A.D.2d 299 (1969)

Cameron Equipment Corporation et al., Plaintiffs, v. The People of the State of New York et al., Defendants. A. E. Ottaviano Inc., et al., Appellants; L. B. McCowan, Inc., Respondent

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

February 20, 1969.

Attorney(s) appearing for the Case

McClung, Peters & Simon (Brown, Kelly, Turner, Hassett & Leach and Frederick D. Turner of counsel), for appellants.

Rachlin & Rachlin (Harry A. Rachlin of counsel), for respondent.

DEL VECCHIO, J. P., WITMER, GABRIELLI and MOULE, JJ., concur.

MARSH, J.

On December 15, 1960, appellant A. E. Ottaviano, Inc. entered into a contract with the State of New York, Department of Public Works, in connection with the elimination of certain railroad grade crossings in the City of Niagara Falls. The contract was satisfactorily performed by Ottaviano and at least $18,819.53 remains unpaid by the State to Ottaviano under the contract.

As prime contractor...

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