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WEST HILLS AUTO REPAIR, INC. v. STATE

32 A.D.3d 849 (2006)

821 N.Y.S.2d 620

WEST HILLS AUTO REPAIR, INC., Appellant, v. STATE OF NEW YORK, Respondent.

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

September 12, 2006.

Ordered that the order is affirmed insofar as appealed from, with costs.

A "supplemental agreement," by which the claimant indicated its acceptance of an offer to extend a certain Highway Emergency Local Patrol contract, was expressly conditioned upon the approval of the Comptroller of the State of New York (hereinafter the Comptroller). Since the claimant presented no evidence showing that the Comptroller approved the supplemental...

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