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D'ANGELO v. STATE OF N. Y.

41 A.D.2d 77 (1973)

Thomas D'Angelo et al., Doing Business as Triple Cities Construction Company, Appellants-Respondents, v. State of New York, Respondent-Appellant. (Claim No. 50250.)

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

March 1, 1973.

Attorney(s) appearing for the Case

Chernin & Gold (James B. Gitlitz of counsel), for appellants-respondents.

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

COOKE and REYNOLDS, JJ., concur with GREENBLOTT, J.; HERLIHY, P. J., dissents in part in an opinion; SWEENEY, J., dissents in part in an opinion.

GREENBLOTT, J.

These are cross appeals from a judgment in favor of the claimants, entered May 26, 1972, and from a corrected judgment entered June 16, 1972, upon a decision of the Court of Claims. The appeal is directed to the Third, Fourth, Fifth and Sixth claims.

THIRD CLAIM

The third claim is directed to a contract item of a lump-sum amount of $15,000 for "railroad protection" which provides...

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