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CATAPANO CO. v. CITY OF N. Y.

116 Misc.2d 163 (1980)

Andrew Catapano Co., Inc., et al., Plaintiffs, v. City of New York, Defendant.

Supreme Court, Trial Term, New York County.

March 20, 1980

Attorney(s) appearing for the Case

Allen G. Schwartz, Corporation Counsel (Steven R. Levin of counsel), for defendant. Berman, Paley, Goldstein & Berman for plaintiff.

BETTY W. ELLERIN, J.

Defendant City of New York moves, pursuant to CPLR 3212, for summary judgment dismissing the complaint. Plaintiffs cross-move for partial summary judgment on their second cause of action in which they seek additional costs alleged to have been incurred as a result of unforeseen and unanticipated subsurface conditions encountered in the excavation of the South Branch Intercepting Sewer project.

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