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HERMAN H. SCHWARTZ, INC. v. CITY OF NEW YORK

100 A.D.2d 610 (1984)

Herman H. Schwartz, Inc., Respondent, v. City of New York (Rockaway Pollution Control Plant), Appellant

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

March 26, 1984

¶ Order reversed, insofar as appealed from, on the law, with costs, motion for summary judgment granted and complaint dismissed.

¶ On December 7, 1982, the plaintiff Herman H. Schwartz, Inc., and the defendant City of New York entered into a written contract which provided, inter alia, that the plaintiff was to be paid $4,449,750 to perform electrical work for the upgrading of the Rockaway Pollution Control Plant. The contract called for monthly partial...

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