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WHITMYER BROS., INC. v. STATE

47 N.Y.2d 960 (1979)

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

Court of Appeals of the State of New York.

Decided July 3, 1979.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Richard J. Dorsey, Shirley Adelson Siegel and Jeremiah Jochnowitz of counsel), for appellant.

Sayward Mazur and Julius L. Schapira for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

A dispute arose between D. Lambert Railing Co. (Lambert), the subcontractor responsible for the guide rail work of the project to improve the condition of the Cross Westchester Parkway, and the State's engineer-in-chief with respect to how the preparatory work required to order the necessary materials was to be conducted and the nature...

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