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MERRITT-CHAPMAN & SCOTT CORP. v. STATE

43 N.Y.2d 690 (1977)

Merritt-Chapman & Scott Corporation and Mount Vernon Contracting Corporation, a Joint Venture, Appellant, v. State of New York, Respondent. (Claim No. 49660.)

Court of Appeals of the State of New York.

Decided November 15, 1977.

Attorney(s) appearing for the Case

Walter B. Solinger, II, Carl E. Buckley, Jerome Beaudrias and George W. Scapolito for appellant.

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

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

On December 8, 1961 claimant entered into a contract with the State of New York for the reconstruction of certain highways in Queens County. One of the thoroughfares ran through the site of the 1964 World's Fair and among the structures to be worked upon were three pedestrian overpasses serving World's Fair facilities. The area of performance...

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