Pursuant to a declaration of emergency by the Department of Correctional Facilities, claimant contracted with the State to perform construction work. After performance of the work called for by the contract had begun, an article 78 proceeding was commenced in the Supreme Court to declare the contract illegal. While that proceeding was pending, the State advised claimant that the contract was legal and that liquidated damages of $1,000 a day would be assessed if the construction...
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