LIZZA & SONS, INC. v. STATE


62 A.D.2d 1080 (1978)

Lizza & Sons, Inc., Appellant, v. State of New York, Respondent. (Claim No. 54539.)

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

April 13, 1978


The notice of claim contains three causes of action, and, on this appeal, claimant seeks damages only under the second cause of action for breach of contract for nonpayment for services performed under contract item designated Item 76X. The contract was entered into on October 27, 1966, and involved certain highway construction and improvement of Deer Park Avenue in Suffolk County. Construction was commenced on November 8, 1966, and accepted by the State on August 25, 1970...

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