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  5. 38 N.Y.2d 878 (1976)
 

MARS ASSOCS., INC. & NORMEL CONSTR. CORP. v. HEALTH & MENTAL HYGIENE FACILITIES IMPROVEMENT CORP.

38 N.Y.2d 878 (1976)

Mars Associates, Inc. & Normel Construction Corp., Joint Venturers, Respondent, v. Health and Mental Hygiene Facilities Improvement Corporation, Appellant.

Court of Appeals of the State of New York.

Decided February 12, 1976.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Thomas P. Zolezzi and Ruth Kessler Toch of counsel), for appellant.

Eli Saul Cohn and Franklin E. Tretter for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.

Order affirmed, with costs, on the opinion by Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division (47 A.D.2d 5

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