In this appropriation case, the Court of Claims awarded claimant $750 less than he had already received from the State pursuant to an advance payment agreement (see Highway Law, § 30, subd 13). By notice of motion dated July 10, 1974, the State sought to interpose a counterclaim for this overpayment, relying on the agreement and an allegation that claimant's attorney had orally stipulated to the entry of judgment on the proposed counterclaim. Although there was no opposition...
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