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D'ANGELO v. STATE OF NEW YORK

285 A.D. 29 (1954)

Thomas D'Angelo et al., Doing Business as Triple Cities Construction Company, et al., Respondents, v. State of New York, Appellant. (Claim No. 31803.)

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

November 18, 1954.

Attorney(s) appearing for the Case

Nathaniel L. Goldstein, Attorney-General (Henry S. Manley and Wendell P. Brown of counsel), for appellant.

Israel Margolis for respondents.

FOSTER, P. J., COON, HALPERN and IMRIE, JJ., concur.

BERGAN, J.

Claimants have proceeded in the Court of Claims asserting rights under a contract which in form appears to have been made by the State of New York; and the question raised is the jurisdiction of the court to hear the claim. The Court of Claims has ruled in favor of its own jurisdiction.

The contract with the State related to the construction of approaches and reconstruction of an interstate bridge...

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