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CAYUGA CONSTR. v. CITY OF N.Y.

86 Misc.2d 474 (1976)

Cayuga Construction Corporation et al., Plaintiffs, v. City of New York, Defendant.

Supreme Court, New York County.

April 21, 1976

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (Max E. Lynne and Herbert Perlman of counsel), for defendant. Jarvis, Pilz, Buckley & Treacy (Emil V. Pilz, George F. Mackey and Norman D. Alvy of counsel), for plaintiffs.

HAROLD BAER, J.

The defendant moves to dismiss the complaint on the ground that plaintiff released the city when it accepted "final payment" under the contract.

There are three causes of action in this complaint. The first involves a balance due under the contract of $58,239.69 which was paid by the "final payment". The third cause of action is no longer in dispute; the second and remaining claim is for delay and modifications seeking damages...

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