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GRACE CO. v. STATE UNIV.

55 A.D.2d 299 (1976)

John Grace Co., Inc., Respondent, v. State University Construction Fund, Appellant A. D. Herman Construction Co., Inc., Respondent, v. State University Construction Fund, Appellant

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

December 30, 1976

Attorney(s) appearing for the Case

Jay R. Handwerger for appellant.

Goetz & Fitzpatrick, P. C. (William B. Flynn and Peter Goetz of counsel), for respondents.

KOREMAN, P. J., SWEENEY, MAIN and HERLIHY, JJ., concur.

LARKIN, J.

The defendant in both of these actions is the State University Construction Fund, which, pursuant to statutory authority, entered into lump-sum contracts with each plaintiff herein for construction of certain buildings for the State University of New York (Education Law, §§ 371, 372). Subsequent to the making of those contracts the Legislature enacted chapters 944 and 945 of the Laws of New...

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