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STRAIN & SON v. STATE

57 A.D.2d 211 (1977)

C. B. Strain & Son, Inc., Appellant, v. State of New York Health and Mental Hygiene Facilities Improvement Corporation, Respondent

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

May 5, 1977

Attorney(s) appearing for the Case

Van De Water & Van De Water (David D. Hagstrom of counsel), for appellant.

Louis J. Lefkowitz, Attorney-General (George M. Thorpe and Ruth Kessler Toch of counsel), for respondent.

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

GREENBLOTT, J.

Defendant, Health and Mental Hygiene Facilities Improvement Corporation, awarded a contract for sanitary work to plaintiff in 1969. On December 12, 1972 a purported final payment in the amount of $7,042.97 was issued to plaintiff. This check was indorsed without restriction by plaintiff on December 18, 1972 and paid by the drawee bank on December 21, 1972. There has never been any tender of return...

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