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CLARK-FITZPATRICK, INC. v. STATE OF NEW YORK

258 A.D.2d 431 (1999)

682 N.Y.S.2d 916

CLARK-FITZPATRICK, INC., Respondent, v. STATE OF NEW YORK, Appellant. (Claim No. 80993.)

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

Decided February 1, 1999.

Ordered that the judgment is affirmed, with costs.

Contrary to the State's contentions, the Court of Claims' findings of fact were reasonable and well supported in the record (see, Berley Indus. v City of New York, 45 N.Y.2d 683). The award was limited to damages actually sustained (see, Uvalde Asphalt Paving Co. v City of New York, 196 App Div 740), although the quantum of damages was, in this dispute, "unavoidably...

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