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BEN STRAUSS INDUS., INC. v. CITY OF NEW YORK

90 A.D.2d 751 (1982)

Ben Strauss Industries, Inc., Respondent-Appellant, v. City of New York, Appellant-Respondent

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

November 23, 1982

As to the Eastern Boulevard Bridge, the error on the site plan was a patent error. From the specifications and inspection there can have been no doubt that the bridge to be painted was the Eastern Boulevard Bridge over the Bronx River and not the highway overpass improperly indicated on the site plan. "A shadowy semblance of an issue is not enough to defeat the motion" (Hanrog Distr. Corp. v Hanioti, 10 Misc.2d 659, 660 [Shientag...

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