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  5. 34 A.D.2d 97 (1970)
 

WARREN BROS. v. N. Y. S. THRUWAY AUTH.

34 A.D.2d 97 (1970)

Warren Brothers Company, Respondent, v. New York State Thruway Authority, Appellant. (Claim No. 47368.)

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

April 13, 1970.

Attorney(s) appearing for the Case

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

Ainsworth, Sullivan, Tracy & Knauf (William J. Murphy of counsel), for respondent.

HERLIHY, P. J., REYNOLDS, STALEY, JR., and SWEENEY, JJ., concur with COOKE, J.; HERLIHY, P. J., in a separate opinion in which REYNOLDS, STALEY, JR., COOKE and SWEENEY, JJ., concur.

COOKE, J.

This is an appeal from a judgment of the Court of Claims, entered August 5, 1969, which awarded claimant $207,131.97, with interest, and the additional sum of $1,551.30 as interest on an amount paid in a severed claim.

On April 7, 1965, respondent and appellant entered into a contract for the performance of repair work on the New York State Thruway. The contract called for excavation of the shoulders...

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