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D'ANGELO v. STATE

34 N.Y.2d 641 (1974)

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

Court of Appeals of the State of New York.

Decided March 28, 1974.

Attorney(s) appearing for the Case

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

James B. Gitlitz for respondents.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur.

MEMORANDUM.

The order of the Appellate Division should be modified to award interest to claimants on the disputed "Railroad Protection" contract item from May 23, 1968, and, as modified, affirmed.

The final estimate was presented by the State on May 23 and absent a showing that the estimate could have been prepared any sooner, interest should be computed from that date and not earlier (see Yonkers Contr. Co. v...

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