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HARRISON & BUR v. STATE OF NY

87 Misc.2d 637 (1976)

Harrison & Burrowes, Inc., Claimant, v. State of New York, Defendant. (Claim No. 60056.)

Court of Claims.

August 6, 1976

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Lawrence I. Fox of counsel), for defendant. DeGraff, Foy, Conway & Holt-Harris (William F. Conway of counsel), for claimant.

FRANK S. ROSSETTI, J.

Defendant has moved for an order dismissing the instant claim on the grounds that it fails to state a cause of action, that claimant does not have the legal capacity to sue and that a claim on this action has already been served and filed against the State of New York.

The claim at bar is by a subcontractor of two State highway construction contracts. Claimant alleges the State...

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