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DE FOE CONSTR. CORP. v. BEAME

75 Misc.2d 309 (1973)

In the Matter of De Foe Construction Corp., Petitioner, v. Abraham D. Beame, as Comptroller of the City of New York, et al., Respondents.

Supreme Court, Trial Term, New York County.

April 23, 1973

Attorney(s) appearing for the Case

McDonough, Schneider, Marcus & Cohn (Richard Marcus of counsel), for petitioner. Norman Redlich, Corporation Counsel (Morgan N. Lipton and Michael R. Pearl of counsel), for respondents.

EDWARD J. GREENFIELD, J.

This is an application to compel respondent Highway Commissioner to issue a proper voucher and thereafter to compel the City Comptroller to issue a warrant for amounts owed to the petitioner pursuant to a contract to repair an underpass which was amended to include authorized extra work.

The contract included a set unit price for "Neat Cement Grout" at 50 cents per pound. Upon...

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