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  5. 44 N.Y.2d 84 (1978)
 

GRACE CO. v. UNIV CONSTR FUND

44 N.Y.2d 84 (1978)

John Grace & Co., Inc., Respondent, v. State University Construction Fund, Appellant. A. D. Herman Construction Co., Inc., Respondent, v. State University Construction Fund, Appellant.

Court of Appeals of the State of New York.

Decided March 28, 1978.

Attorney(s) appearing for the Case

Jay R. Handwerger and Henry G. Cohn for appellant in the first and second above-entitled actions.

William B. Flynn and Peter Goetz for respondent in the first and second above-entitled actions.

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

COOKE, J.

We hold that the State University Construction Fund (Fund), although created by the State of New York, is neither the State of New York nor an agency thereof for purposes of application of chapters 944 and 945 of the Laws of 1974.

Respondents were successful bidders for public contracts and entered into lump-sum construction contracts with the Fund in...

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