Penn York Construction Corp. v. State

— Appeal from an order of the Court of Claims (Murray, J.), entered August 13, 1982, which, inter alla, granted claimant contractor’s motion to strike the third and fourth affirmative defenses contained in the State’s answer to the amended claim, and denied the State’s cross motion for summary judgment. The facts underlying this contract dispute are set out in our earlier decision in Foster-Lipkins Corp. v State of New York (84 AD2d 870). There Penn York Construction Corporation was allowed to be substituted for the Foster-Lipkins Corporation as claimant; the latter had merged into the former…