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CAMARCO CONTRACTORS, INC. v. STATE

28 N.Y.2d 948 (1971)

Camarco Contractors, Inc., Appellant-Respondent, v. State of New York et al., Respondents-Appellants. (Claim No. 43787.)

Court of Appeals of the State of New York.

Decided May 26, 1971.

Attorney(s) appearing for the Case

Anthony M. Quartararo for appellant-respondent.

Louis J. Lefkowitz, Attorney-General (Richard A. Foster and Ruth Kessler Toch of counsel), for respondents-appellants.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

MEMORANDUM.

The order of the Appellate Division is modified by reducing the award to $6,044.79, with appropriate interest.

The parties have throughout proceeded upon the theory that recovery under the retained moneys claim should be awarded on a comparative fault basis. The claims will, therefore, be viewed in that fashion. The Court of Claims and the Appellate Division allowed the contractor 225 days and 30 days...

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