NAJJAR INDUS., INC. v. CITY OF NEW YORK (MERSEREAU AVE. PUMPING STATION, RICHMOND)


86 A.D.2d 573 (1982)

Najjar Industries, Inc., et al., Respondents-Appellants, v. City of New York (Mersereau Avenue Pumping Station, Richmond), Appellant-Respondent

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

January 26, 1982


Plaintiff was the low bidder on Contract No. 215046 to build a sewerage pumping station on Staten Island. A portion of this contract required plaintiff to install 67 feet of 42-inch pipe. During the course of construction, the city issued change orders 1M-4 and 1M-5, which requested plaintiff to extend the above pipe an additional 22 feet. Plaintiff was paid the unit contract price for this addition, but now claims, in the third cause of action, that this work was materially...

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