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WARD v. STATE OF NEW YORK

87 Misc.2d 1046 (1976)

Kenneth D. Ward, Doing Business as M. J. Ward & Son, Claimant, v. State of New York, Defendant. (Claim No. 60055.)

Court of Claims.

July 13, 1976

Attorney(s) appearing for the Case

Cole & Cole (Robert H. Cole of counsel), for claimant. Louis J. Lefkowitz, Attorney-General (Alexander C. Scharf of counsel), for defendant.

ALBERT A. BLINDER, J.

This is a motion for an order pursuant to CPLR 3211 (subd [a], pars 1, 5, 7) dismissing the claim on the grounds that (1) the claim fails to state a cause of action, and (2) the claim cannot be maintained because defendant had made payment in full settlement of it.

The claimant, at the return date of the motion, cross-moved for summary judgment.

On August 6, 1969 the defendant...

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