COLUMBIA ASPHALT CORP. v. CITY OF NEW YORK


67 A.D.2d 607 (1979)

Columbia Asphalt Corp. et al., Respondents, v. City of New York et al., Appellants

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

January 4, 1979


Plaintiffs are construction firms which entered into 12 contracts with the City of New York for the performance of sidewalk paving. It is not disputed that a condition of "spalling" thereafter developed whereby the undersurface of the sidewalks became exposed. The parties disagree as to whether the conditions were caused, as plaintiffs claim, by faulty concrete specifications, or whether they resulted, as contended by the city, by poor workmanship and the use of defective...

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