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  5. 152 A.D.2d 659 (1989)
 

MERGENTIME CORP. v. STATE

152 A.D.2d 659 (1989)

Mergentime Corporation, Appellant, v. State of New York, Respondent. (Claim No. 75070.)

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

July 17, 1989

Ordered that the order is affirmed, with costs.

Contrary to the claimant's position, the Court of Claims did not err in dismissing the breach of contract claim as premature. The record reflects that the contract work had not been substantially performed on the date the claim was served (see, 13 McQuillin, Municipal Corporations § 37.132 [3d rev ed]) nor had the claimant requested final payment thereunder (

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