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A & M WALLBOARD v. DEV CORP

97 Misc.2d 434 (1978)

A & M Wallboard, Inc., Plaintiff, v. Facilities Development Corporation, Defendant.

Supreme Court, Special Term, Albany County.

November 10, 1978

Attorney(s) appearing for the Case

Giamboi, Reiss & Squitieri (Joseph N. Giamboi of counsel), for plaintiff. Louis J. Lefkowitz, Attorney-General (Joseph Baum of counsel), for defendant.

ROBERT F. DORAN, J.

At issue on this motion to dismiss a contract cause of action complaint are three questions. (1) Is section 145 of the State Finance Law applicable to a contract action between the plaintiff, a domestic corporation, and the defendant, a public benefit corporation, or is section 145 applicable only to actions in the Court of Claims? (2) Assuming section 145 does apply to such an action, does...

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