C. B. Strain & Son, Inc. v. State of New York Health & Mental Hygiene Facilities Improvement Corp.

Defendant, Health and Mental Hygiene Facilities Improvement Corporation, awarded a contract for sanitary work to plaintiff in 1969. On December 12, 1972 a purported final payment in the amount of $7,042.97 was issued to plaintiff. This check was indorsed without restriction by plaintiff on December 18, 1972 and paid by the drawee bank on December 21, 1972. There has never been any tender of return of the check or any part of the payment made thereby. On January 4, 1973 plaintiff caused to be served upon defendant and certain other State officers, a notice that an additional amount of…