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IN RE GII INDUSTRIES, INC.

Bankruptcy Nos. 04-27013-CEC, 04-27015-CEC, 06-42964-CEC, 06-42966-CEC, 06-43325-CEC. Adversary No. 07-1464-CEC.

464 B.R. 557 (2011)

In re GII INDUSTRIES, INC., f/k/a Grace Industries, Inc., et al., Debtor. GII Industries, Inc., f/k/a Grace Industries, Inc., Plaintiff, v. New York State Department of Transportation, Defendant.

United States Bankruptcy Court, E.D. New York.

As Corrected October 6, 2011.

Attorney(s) appearing for the Case

Thomas Baylis, Esq., C. Nathan Dee, Esq., Cullen & Dykman, LLP, Garden City, NY, for Plaintiff.

Steven L. Banks, Esq., Mark D. Rosenzweig, Esq., NYS Office of Attorney General, New York, NY, for Defendant.

DECISION

CARLA CRAIG, Chief Judge.

This matter comes before the Court on the complaint of GII Industries, Inc. f/k/a Grace Industries, Inc. ("Grace"), seeking payment from the New York State Department of Transportation ("DOT" or "State") for amounts allegedly due on account of services Grace rendered to the DOT under a contract to reconstruct a portion of the West Side Highway in New York City. A bench trial was conducted to determine the appropriate...

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