This action was commenced upon the theory that the individual defendants had breached a duty to the plaintiff by a failure to submit an agreement dated August 26, 1970 to the Comptroller for approval pursuant to subdivision 2 of section 112 of the State Finance Law. In the companion case of Westgate North v State Univ. of N. Y. (47 A.D.2d 1004). We have affirmed, inter alia, the grant of a motion to dismiss the plaintiff's cause of action against the State University...
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