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CONDUIT & FOUND. CORP. v. STATE

52 N.Y.2d 1064 (1981)

Conduit and Foundation Corporation, Respondent, v. State of New York, Appellant. (Claim No. 54809.)

Court of Appeals of the State of New York.

Decided February 26, 1981.

Attorney(s) appearing for the Case

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

David R. Paley and Tony Berman for respondent.

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

MEMORANDUM.

The order of the Appellate Division should be modified by reinstating the judgment of the Court of Claims, except as to the award on the ninth cause of action, which should be reduced to $10,299.34. As so modified, the order should be affirmed, with costs to claimant.

The Court of Claims correctly concluded that as to the subsoil conditions the State made no misrepresentation and claimant assumed the...

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