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MTR. CHASE MANHATTAN v. STATE

40 N.Y.2d 590 (1976)

In the Matter of Chase Manhattan Bank (N. A.), Appellant, v. State of New York, Respondent.

Court of Appeals of the State of New York.

Decided October 21, 1976.

Attorney(s) appearing for the Case

Andrew J. Connick, John W. Dean and Eugene F. Farabaugh, New York City, for appellant.

Louis J. Lefkowitz, Attorney-General (Michael F. Colligan and Ruth Kessler Toch of counsel), Albany, for respondent.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Chief Judge BREITEL.

In this CPLR article 78 proceeding, in the nature of mandamus, petitioner Chase Manhattan Bank, as assignee of one Francis Brown, seeks payment of the amount of a judgment in favor of Brown against the State. The judgment, as modified by stipulation, was for the balance due Brown under an agreement for engineering services rendered to the State.

The State asserts a right of setoff...

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