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LEE CONSTR CO v. CITY OF NY

100 Misc.2d 839 (1979)

Joseph A. Lee Construction Co., Inc., Plaintiff, v. City of New York, Defendant.

Supreme Court, Trial Term, New York County.

July 26, 1979

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (James P. Griffin of counsel), for defendant. Lee, Meagher, Cunningham & Lee (Terence M. Quinlan of counsel), for plaintiff.

BENTLEY KASSAL, J.

The one question to be resolved on the defendant's motion for partial summary judgment and the plaintiff's cross motion for the same relief is: Are the provisions of chapters 944 and 945 of the Laws of 1974 mandatory or discretionary?

Both parties agree as to the facts.

DISCUSSION

Chapters 944 and 945 pertain to adjustments of certain public contracts by reason of the energy crisis and the consequent "substantial...

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