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  5. 48 N.Y.2d 867 (1979)
 

JOSHUA A. BECKER & ASSOCS. v. STATE

48 N.Y.2d 867 (1979)

Joshua A. Becker, M. D. & Associates, P. C., Appellant, v. State of New York, Respondent. (Claim No. 59429.)

Court of Appeals of the State of New York.

Decided November 29, 1979.

Attorney(s) appearing for the Case

John Van Voorhis and Eugene Van Voorhis for appellant.

Robert Abrams, Attorney-General (George M. Thorpe and Shirley Adelson Siegel of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI and WACHTLER concur in memorandum; Judge MEYER dissents and votes to reverse in a separate opinion in which Judge FUCHSBERG concurs; Judge JONES taking no part.

MEMORANDUM.

The order appealed from should be affirmed, with costs. Insofar as appellant seeks to recover on a theory of money had and received, no claim therefor was properly asserted. We would note that we do not construe the decision in the Court of Claims as holding that the agreement allegedly entered into between the Downstate Medical Group and the State University of New...

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