Plaintiff commenced this action on July 1, 1971, alleging that the city unilaterally changed the contract plans, causing an unexpected 128% overrun, which was not fairly compensated for by the city. On October 3, 1979, five years after service of the note of issue, the city raised the issue of four releases signed by plaintiff in 1971 in which Edenwald waived all claims "[i]n consideration of the granting, for the purpose of expediting payment * * * of an extension...
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