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  5. 68 N.Y.2d 943 (1986)
 

NAJJAR INDUS., INC. v. CITY OF NEW YORK

68 N.Y.2d 943 (1986)

Najjar Industries, Inc., and Coppola Bros. Excavation Corp., a Joint Venture, Appellant, v. City of New York (Greenpoint Incinerator), Respondent.

Court of Appeals of the State of New York.

Decided November 13, 1986.

Attorney(s) appearing for the Case

J. Robert Ellner for appellant.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Francis F. Caputo of counsel), for respondent.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

MEMORANDUM.

The order of the Appellate Division appealed from and the prior nonfinal order of that court brought up for review should be affirmed, with costs (see, CPLR 5501 [b]).

Plaintiff was awarded a contract by the City of New York to construct an air pollution device at the Greenpoint Incinerator in Brooklyn for a fixed price of $5,119,000. Work was to commence on January 5, 1973 and be completed by July...

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