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CHARLES O. DESCH, INC. v. STATE

60 A.D.2d 678 (1977)

Charles O. Desch, Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 58666.)

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

December 8, 1977

We previously considered this case on a motion to dismiss the claim (Charles O. Desch, Inc. v State of New York, 50 A.D.2d 253). The facts and circumstances giving rise to this claim are amply set forth in our opinion therein. In affirming the Court of Claims' order denying the motion to dismiss, a majority of this court concluded that the critical issue was whether the act in question was discretionary or ministerial and that the...

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