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FEHLHABER CORP. v. STATE

69 A.D.2d 362 (1979)

Fehlhaber Corporation and Horn Construction Co., Inc., a Joint Venture, Respondent, v. State of New York, Appellant. (Claim No. 54855.) (Action No. 1.) State of New York, Appellant, v. Fehlhaber Corporation and Horn Construction Co., Inc., a Joint Venture, Respondent. (Action No. 2.)

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

July 26, 1979

Attorney(s) appearing for the Case

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

De Graff, Foy, Conway & Holt-Harris (William F. Conway of counsel), for respondent.

SWEENEY, KANE and MAIN, JJ., concur.

MAHONEY, P. J.

Claimant Fehlhaber Corporation and Horn Construction Co., Inc., a joint venture, contracted with the State of New York on February 6, 1967 for the construction of the foundation of the Cultural Center of the Empire State Plaza.1 The completion date was December 31, 1968. When the job was unfinished on that date and for a period...

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