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ELIA BLDG v. URBAN DEV.

54 A.D.2d 337 (1976)

Albert Elia Building Company, Inc., Appellant, v. New York State Urban Development Corporation et al., Respondents

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

November 12, 1976

Attorney(s) appearing for the Case

Duke, Yaeger & Schlopy (Peter Ruppar of counsel), for appellant.

Hodgson, Russ, Andrews, Woods & Goodyear (Stephen Kelly of counsel), for New York State Urban Development Corporation and another, respondents.

George M. Donohue for Morton Abramowitz and another, respondents.

Moot, Sprague, Marcy, Landy, Fernbach & Smythe (John J. Phelan of counsel), for Pigott Construction International, Ltd., respondent.

MOULE, J. P., SIMONS, MAHONEY and WITMER, JJ., concur.

CARDAMONE, J.

Petitioner, Albert Elia Building Company, Inc., (Elia) a domestic corporation engaged in the general construction business, commenced an article 78 proceeding to challenge the granting of a change order issued to the Pigott Construction Company for the construction of a tunnel project at the Niagara Falls Convention Center as contrary to the competitive bidding statutes, requesting that the City...

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