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WOODSTOCK CONSTRUCTION GROUP, LTD. v. STATE

2014-11180

130 A.D.3d 1018 (2015)

13 N.Y.S.3d 835

2015 NY Slip Op 06334

WOODSTOCK CONSTRUCTION GROUP, LTD., Respondent, v. STATE OF NEW YORK, Appellant.

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

Decided July 29, 2015.

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

The defendant moved to dismiss the claim pursuant to CPLR 3211 (a). The defendant's sole contention on appeal is that the Court of Claims erred in, in effect, denying that branch of its motion which was to dismiss the cause of action alleging promissory estoppel pursuant to CPLR 3211 (a) (7). Affording the claim a liberal construction, accepting all facts as alleged in the claim to be true, according...

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