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MATTER OF GREAT LAKES DREDGE & DOCK CO. v. WAGNER

46 A.D.2d 721 (1974)

In the Matter of Great Lakes Dredge & Dock Company et al., Doing Business as Great Lakes-Dunbar-Rochester, Appellants, v. George Wagner, as Comptroller of City of Rochester, Respondent

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

October 24, 1974

Order unanimously affirmed, without costs.

Memorandum:

Petitioner contractors and joint venturers sought payment from the respondent City of Rochester on a completed construction project by an article 78 proceeding to mandamus the City Comptroller to pay the balance alleged to be due it under the contract. Respondent's motion to dismiss the petition under CPLR 7804 (subd. [f]) was granted at Special Term. Mandamus...

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