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  5. 109 A.D.2d 656 (1985)
 

3 PARK AVE. CO. v. NEW YORK CITY EDUC. CONSTR. FUND

109 A.D.2d 656 (1985)

3 Park Avenue Company, Respondent, v. New York City Educational Construction Fund, Appellant

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

March 19, 1985

Plaintiff, a general contractor, brought action against defendant property owner to recover damages for delay and for extra work. Plaintiff filed a statement of readiness and note of issue on March 9, 1981. The case was marked "off calendar" somewhat more than two years later. On April 5, 1984, two days short of one year after the case had been marked off, a motion was made to restore. On May 11, 1984, the motion to restore was...

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