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EDENWALD CONTRACTING CO., INC. v. CITY OF NEW YORK

102 A.D.2d 780 (1984)

Edenwald Contracting Co., Inc., Appellant, v. City of New York, Respondent

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

June 28, 1984

Upon remittitur from the Court of Appeals (60 N.Y.2d 957), the order of this court entered on August 26, 1982 and its accompanying memorandum (89 A.D.2d 836) are recalled and vacated and the order of the Supreme Court, New York County (Ellerin, J.), entered on February 18, 1982 which upon reargument and renewal, granted the city's motion to amend its pleadings to assert the affirmative defense of waiver...

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