Rusciano Construction Corp. v. State — 37 A.D.2d 789

Majority

p. 789

Rusciano Construction Corp. et al., Respondents-Appellants, v. State of New York, Appellant-Respondent.

(Claim No. 46425.)

Motion granted, without costs, and decision dated July 15, 1971 [ 37 A D 2d 745 ] amended by striking the decretal paragraph therefrom and substituting therefor the following: “Judgment modified, on the law and facts, so as (1) to vacate the awards upon the 2nd through 7th and 9th causes of action and a severance and a new trial ordered ias to said causes of action; (2) to vacate the awards upon the 10th, 12th and 14th causes of action and to dismiss said causes of action; and, as so modified, affirmed in the amount of $516,117.43, without costs ”. Herlihy, P. J., Staley, Jr., Cooke, Sweeney and Simons, JJ., concur.

Cases cited

Rusciano Construction Corp. v. State 37 A D 2d 745 N.Y. App. Div. 1971-07-15 p. 789