A. Servidone, Inc./B. Anthony Construction Corp. v. State

—In a claim to recover damages for breach of contract, the claimant appeals from an order of the Court of Claims (Collins, J.), dated August 17, 2001, which granted the motion of the defendant State of New York for summary judgment dismissing the claim on the ground that the claimant failed to serve a verified claim upon the New York State Department of Transportation within 40 days of the mailing of final payment.

Ordered that the order is affirmed, with costs.

The claimant’s acceptance of final payment constituted a release of all claims pursuant to the terms of the parties’ contract.

The…