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WHITMYER BROS v. STATE OF NY

63 A.D.2d 103 (1978)

Whitmyer Bros., Inc., Respondent-Appellant, v. State of New York, Appellant-Respondent. (Claim No. 57565.)

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

July 13, 1978

Attorney(s) appearing for the Case

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

Max E. Greenberg, Trayman, Cantor, Reiss & Blasky (Julius L. Schapiran, Louis Cantor and Sayward Mazur of counsel), for respondent-appellant.

GREENBLOTT, J. P. MAIN, MIKOLL and HERLIHY, JJ., concur.

LARKIN, J.

Claimant, Whitmyer Bros., Inc., as low bidder, was awarded a contract by the Department of Transportation of the State of New York for the improvement of the Cross Westchester Parkway. The contract was dated January 4, 1971 and had a completion date of August 9, 1972. In addition to the main agreement, the contract documents included the proposal, the contract plans and the public works specifications...

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