Order insofar as appealed from unanimously affirmed with costs.
Memorandum:
Special Term correctly determined that a question of fact existed as to the price agreed upon by the parties. Evidence of defendant's customary procedure of negotiating an agreed price with subcontractors and then incorporating that price, plus 7% for overhead, in its bid for public contracts can be considered on a motion for summary judgment (see, Barrow v Lawrence United...
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