HUEBER HARES GLAVIN v. STATE


75 A.D.2d 464 (1980)

Hueber Hares Glavin Partnership, Respondent, v. State of New York, Appellant. (Claim No. 59460.)

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

July 10, 1980


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Richard J. Dorsey and William J. Kogan of counsel), for appellant.

Bond, Schoeneck & King (Thomas R. Smith and Francis E. Maloney, Jr., of counsel), for respondent.

DILLON, P. J., CARDAMONE, DOERR and MOULE, JJ., concur.


WITMER, J.

For reasons stated herein we conclude that the trial court erred in denying the State's motion for permission to serve a counterclaim and thereafter in refusing to permit the State to introduce evidence tending to show that much of claimant's claim for extra work was performed only to cure design defects which were its own responsibility and not recoverable under its contract with the State; that the...

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