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DAILEY, INC. v. STATE OF NY

188 Misc.2d 303 (2001)

728 N.Y.S.2d 349

WILLIAM E. DAILEY, INC., Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 99041.)

Court of Claims.

May 15, 2001.

Attorney(s) appearing for the Case

Devorsetz Stinziano Gilberti Heintz & Smith, P. C. (Gerald J. Mingolelli, Jr., of counsel), for claimant.

Eliot Spitzer, Attorney General (John J. Pickett of counsel), for defendant.

OPINION OF THE COURT

FRANCIS T. COLLINS, J.

Claimant's motion for an order striking the defendant's amended/supplemental appraisal filed on November 20, 2000 and the amended/supplemental geological report of Essex Engineering Science and Subsurface Exploration, P. C. (Essex) filed November 20, 2000 on the grounds that the appraisal and expert report were untimely filed pursuant to 22 NYCRR 206.21 (e) and (f) and upon the further ground that the amended appraisal...

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