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PENN YORK CONSTR. CORP. v. STATE

92 A.D.2d 1087 (1983)

Penn York Construction Corporation, Respondent, v. State of New York, Appellant. (Claim No. 61557.)

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

March 31, 1983

The facts underlying this contract dispute are set out in our earlier decision in Foster-Lipkins Corp. v State of New York (84 A.D.2d 870). There Penn York Construction Corporation was allowed to be substituted for the Foster-Lipkins Corporation as claimant; the latter had merged into the former over six years prior to the filing of the claim. In that decision, we noted in closing that it was premature to consider whether the merger...

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