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TULLY & DiNAPOLI v. STATE OF N. Y.

34 A.D.2d 439 (1970)

Tully & DiNapoli, Inc., et al., Respondents-Appellants, v. State of New York, Appellant-Respondent. (Claim No. 44022.)

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

July 8, 1970.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Ruth V. Iles and Ruth Kessler Toch of counsel), for appellant-respondent.

Joseph B. Diamond (William J. Jones of counsel), for respondents-appellants.

Healy & Baillie (Thomas L. Rohrer of counsel), for Construction Aggregates Corp. (not a party to the action).

HERLIHY, P. J., REYNOLDS, GREENBLOTT and COOKE, JJ., concur.

STALEY, JR., J.

These are cross appeals from a judgment in favor of claimants, entered January 20, 1969 upon a decision of the Court of Claims.

On December 1, 1958 claimants entered into a contract with the State for the construction of a portion of the Cross-Bronx Expressway and a portion of Throgs Neck Expressway. The work to be performed consisted of preliminary grading and drainage, water main and...

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