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TUFANO CONTRACTING CORP. v. PORT OF NEW YORK AUTH.

18 A.D.2d 832 (1963)

Tufano Contracting Corp., Respondent, v. Port of New York Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 21, 1963

Judgment and order affirmed, with one bill of $10 costs and disbursements.

In our opinion plaintiff's acceptance of payment, pursuant to the partial summary judgment granted as to the first cause of action, cannot be deemed the equivalent of a voluntary acceptance of payment under the "final payment" clause or under any other term of the contract between the parties. Notwithstanding the provisions of the "final payment" clause...

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