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EALE REALTY CORP. v. STATE

115 A.D.2d 635 (1985)

Eale Realty Corp. et al., Appellants, v. State of New York, Respondent. (Claim No. 65934.)

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

December 23, 1985

Judgment reversed, on the law, with costs, and matter remitted to the Court of Claims for a new determination on the merits of claimants' assertions.

The agreements in question and the underlying negotiations clearly set forth that the State was acting by and through an agent, the Facilities Development Corp. The claim, which is based on contract, was therefore properly brought against the State, and the Court of Claims...

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