
    L. J. McNeill Contracting Corp., Claimant, v. State of New York, Defendant.
    (Claim No. 34148.)
    Court of Claims,
    January 15, 1957.
    
      N. Le Van Haver for claimant.
    
      Jacob K. Javits, Attorney-General (William D. Ferguson of counsel), for defendant.
   Bussell Gr. Hunt, J.

In view of developments subsequent to the argument on the motion for a dismissal of the claim, it seems to me that the controversy should be disposed of at one time on the trial and not piecemeal (see Matter of Friedland, 1 A D 2d 129).

The motion to dismiss is denied at this time.

Submit order.  