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ANDREW CATAPANO CO., INC. v. CITY OF NEW YORK

107 A.D.2d 640 (1985)

Andrew Catapano Co., Inc., and Naclerio Contracting Co., Inc., a Joint Venture, Respondent, v. City of New York, Appellant

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

January 24, 1985

Order, Supreme Court, New York County (A.M. Myers, J.), entered August 24, 1983, denying defendant's motion for summary judgment and for dismissal of the complaint, pursuant to CPLR 3126, modified, on the law, without costs or disbursements, to grant summary judgment dismissing the second cause of action and otherwise affirmed. This action arises out of a sewer construction contract between the plaintiffs and the defendant city...

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