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D'ANGELO v. STATE

39 N.Y.2d 781 (1976)

Thomas D'Angelo et al., Doing Business as Triple Cities Construction Company, Respondents, v. State of New York, Appellant. (Claim No. 50250.)

Court of Appeals of the State of New York.

Decided April 29, 1976.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Richard J. Dorsey and Ruth Kessler Toch of counsel), for appellant.

James B. Gitlitz for respondent.

Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG concur; Judge JASEN concurs in a separate memorandum in which Chief Judge BREITEL also concurs; Judge COOKE taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

We reject the State's contention that claims under public construction contracts must be proved by written business records which would be subject to audit by the State. We know of no statute, rule or decisional law which requires proof in such form. It may well be imprudent and hazardous for the claimant not to maintain detailed business records...

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