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CENTRAL AIRCRAFT v. STATE

117121

41 Misc.3d 919 (2011)

972 N.Y.S.2d 390

2011 NY Slip Op 21489

CENTRAL CONNECTICUT AIRCRAFT, LLC, Claimant, v. STATE OF NEW YORK, Defendant. (Claim No. 117121.)

Court of Claims.

Decided February 15, 2011.

Attorney(s) appearing for the Case

Eric T Schneiderman , Attorney General ( Paul F. Cagino of counsel), for defendant. Kulowiec & Jorquera, LLP ( Sarah Jorquera of counsel), for claimant.

OPINION OF THE COURT

FRANK P. MILANO, J.

Defendant moves for summary judgment dismissing this claim which alleges that defendant breached an alleged express warranty to claimant that a tax auction at which claimant purchased an aircraft had been conducted "in the manner provided by law." Claimant cross-moves for summary judgment.

On April 17, 2008, defendant, through an auction agent, conducted a public...

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