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EDENWALD CONTRACTING CO., INC. v. CITY OF NEW YORK

60 N.Y.2d 957 (1983)

Edenwald Contracting Co., Inc., Respondent, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided November 29, 1983.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Trudi Mara Schleifer, Leonard Koerner and Francis F. Caputo of counsel), for appellant.

Alvin Goldstein for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.

MEMORANDUM.

The judgment appealed from and the order of the Appellate Division brought up for review should be reversed, with costs, and the case remitted to that court to consider the question raised within the exercise of its discretion.

Appellant, the City of New York, in 1970 entered into a contract with respondent for street repaving. During 1971, to secure extensions of contract time and expedite periodic payments...

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