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BAKERS OF JERICHO HILL, INC. v. STATE

203 A.D.2d 928 (1994)

611 N.Y.S.2d 70

Bakers of Jericho Hill, Inc., Respondent, v. State of New York, Appellant. (Claim No. 74896.)

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

April 15, 1994

Judgment unanimously reversed on the law without costs and complaint dismissed.

Memorandum:

The Court of Claims' determination that the additional work performed by claimant was attributable to the inadequacy of the bonding materials used in conformity with State specifications is supported by the record. Nonetheless, whether the need for the additional work was attributable to the inadequate materials or, as defendant...

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