The opinion of the court was delivered by HORN, J.A.D.
This appeal raises a single issue — whether the Contractual Liability Act, N.J.S.A. 59:13-1 et seq., is applicable to an action brought by a public entity against the State. The trial judge held that it was applicable and dismissed the complaint because of plaintiff's failure to comply with N.J.S.A. 59:13-10, which provides:
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