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HARVEY v. STATE OF NEW YORK

279 A.D. 708 (1951)

John J. Harvey et al., Surviving Partners Doing Business under the Name of John J. Harvey Company, Appellants-Respondents, v. State of New York, Respondent-Appellant. (Claim No. 30277.)

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

November 16, 1951.

Judgment affirmed, without costs of this appeal to any party.

McCURN, J. (dissenting).

The State has withheld payment to the contractor of the sum of $9,583.32 to offset unemployment insurance tax credits which became available to the contractor and his subcontractors under the provisions of section 577 of the Labor Law. These credits were not determined until some time after the contract was completed...

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