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A. SERVIDONE, INC./B. ANTHONY CONSTRUCTION CORP. v. STATE OF NEW YORK

295 A.D.2d 375 (2002)

743 N.Y.S.2d 729

A. SERVIDONE, INC./B. ANTHONY CONSTRUCTION CORP., Appellant, v. STATE OF NEW YORK, Respondent. (Claim No. 103057.)

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

Decided June 10, 2002.

Ordered that the order is affirmed, with costs.

The claimant's acceptance of final payment constituted a release of all claims pursuant to the terms of the parties' contract.

The claimant does not fall within the savings provision of State Finance Law § 145, which requires service of a verified statement of the claim upon the "public body concerned," since the claim was not served upon the New York State Department of Transportation. The claimant's service...

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