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FOWLER ELEC. CO. v. STATE

144 Misc.2d 110 (1989)

Fowler Electric Co., Inc., Claimant, v. State of New York, Defendant. (Claim No. 78309.)

Court of Claims.

June 20, 1989

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Eidin Beirne of counsel), for defendant. C. Peter Higgins for claimant.

LOUIS C. BENZA, J.

This is a motion by the defendant, State of New York, for summary judgment dismissing the claim for failure to comply with section 145 of the State Finance Law.

State Finance Law § 145 states as follows:

"Acceptance of final payment under a state contract "No provision contained in a construction contract awarded by any state department or agency shall bar...

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