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MacFARLAND-BREAKELL v. THRUWAY AUTH.

104 A.D.2d 139 (1984)

MacFarland-Breakell Building Corporation, Respondent, v. New York State Thruway Authority, Appellant. (Claim No. 68371.)

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

December 6, 1984

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Clifford A. Royael of counsel), for appellant.

Bryant, O'Dell & Basso (Robert F. Silkey of counsel), for respondent.

KANE, J. P., CASEY, WEISS and YESAWICH, JR., JJ., concur.

LEVINE, J.

Claimant entered into a contract with the New York State Thruway Authority (the Authority) in February, 1981, for the rehabilitation of Thruway bridges located in Montgomery County. The contract contained a clause which stated in substance that acceptance by the contractor of final payment would operate as a release of all claims arising out of the construction unless a detailed and verified statement of claim was served within 40 days of the...

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