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  5. 38 A.D.2d 467 (1972)
 

S. T. GRAND, INC. v. CITY OF N. Y.

38 A.D.2d 467 (1972)

S. T. Grand, Inc., Respondent, v. City of New York, Appellant and Third-Party Plaintiff; Shamoon Industries, Inc., Warren Foundry and Pipe Division, Third-Party Defendant

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

April 11, 1972.

Attorney(s) appearing for the Case

Nina G. Goldstein of counsel (Stanley Buchsbaum with her on the brief; J. Lee Rankin, Corporation Counsel), for appellant.

William T. Griffin for respondent.

MARKEWICH and KUPFERMAN, JJ., concur with MURPHY, J.; McGIVERN, J. P., dissents in an opinion in which TILZER, J., concurs.

MURPHY, J.

In November, 1966, plaintiff entered into an "emergency contract" with the then Commissioner of Water Supply, Gas and Electricity, James Marcus, for the cleaning of the Jerome Park Reservoir in The Bronx. The cleaning has been performed, plaintiff has been paid $689,503.47 to date therefor and the remaining balance of $148,736.78 is sought herein.*

Subsequently...

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