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SCHENECTADY STEEL CO. v. TRIMPOLI CONST.

43 A.D.2d 234 (1974)

Schenectady Steel Co., Inc., Appellant, v. Bruno Trimpoli General Construction Company, Inc., Respondent, et al., Defendant

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

January 3, 1974.

Attorney(s) appearing for the Case

McClung, Peters & Simon (Homer E. Peters of counsel), for appellant.

Begley & Quinlan (William J. Quinlan of counsel), for respondent.

HERLIHY, P. J., and KANE, J., concur with REYNOLDS, J.; GREENBLOTT, J., concurs in a separate opinion; COOKE, J., dissents in part and concurs in part in an opinion.

REYNOLDS, J.

This is an appeal from a judgment of the Supreme Court in favor of respondent, entered April 30, 1973 in Schenectady County, upon a decision of the court at a Trial Term, without a jury.

On May 8, 1968, respondent entered into a contract with the State of New York to build, by December 31, 1969, a bridge over the Alplaus Creek in Schenectady County. Respondent, first orally on May 10, 1968...

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