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WEBER CONSTR. CO. v. STATE OF N. Y.

37 A.D.2d 232 (1971)

Weber Construction Co., Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 43718.)

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

July 27, 1971.

Attorney(s) appearing for the Case

McClung, Peters & Simon (Homer Peters of counsel), for respondent-appellant.

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

HERLIHY, P. J., REYNOLDS, STALEY, JR., and SIMONS, JJ., concur in Per Curiam opinion; SWEENEY, J., dissents, and votes to affirm, in an opinion.

Per Curiam.

This is an appeal by the State from a judgment of the Court of Claims, entered December 2, 1970, awarding claimant $107,089.80, plus interest, for delays and interference caused by the State, and cross appeal by claimant (1) from that part of said judgment which dismissed items 2 and 5, and (2) from an order, entered January 7, 1971, which denied claimant's motion to reopen the trial for the purpose of...

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