Order reversed, on the law, with $50 costs and disbursements, and motion granted.
Special Term erred in determining that there were triable issues of fact. The record reveals that on April 28, 1977, the plaintiff, Tenalp Construction Corp. (Tenalp), entered into a contract with the County of Nassau for the construction of certain water pollution control facility improvements in the Town of Hempstead. The total contract price, as subsequently supplemented, was $318...
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