p. 609Mohawk Carpet Mills, Inc., Respondent, v. State of New York, Appellant. (Claim No. 25201.) Argued June 4, 1946; decided July 23, 1946.
p. 611
Nathaniel L. Goldstein, Attorney-General (Orrin G. Judd, Edward L. Ryan and John R. Davison of counsel), for appellant.
Coleman Taylor and William H. Dennison for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Loughran, Ch. J., Conway, Desmond, Thacher and Fuld, JJ.
dissents and votes to dismiss the appeal without prejudice to an application to the Court of Claims to enter a judgment upon the combined old and new findings and without prejudice to an appeal therefrom. Taking no part: Dye, J.