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RITANGELA CONSTR. CORP. v. STATE

183 A.D.2d 817 (1992)

Ritangela Construction Corp., Appellant, v. State of New York, Respondent. (Claim No. 77760.)

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

May 18, 1992

Ordered that the order is affirmed, with costs.

The claimant Ritangela Construction Corp. contracted with the New York State Department of Transportation (hereinafter the DOT) to perform certain road construction on a State road in Orange County. Pursuant to the contract the claimant was to provide various materials, including 1,060 tons of Item Number 608.02 asphalt to be paid for at a rate of $85 per ton. Through amendments to the contract, the claimant allegedly...

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