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GORDON J. PHILLIPS, INC. v. MONROE COUNTY WATER AUTH.

122 A.D.2d 572 (1986)

Gordon J. Phillips, Inc., Respondent, v. Monroe County Water Authority, Appellant

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

July 11, 1986

Order unanimously reversed, on the law, without costs, and motion granted.

Memorandum:

Plaintiff's response to defendant's motion for partial summary judgment is insufficient. As the rock removal was at a unit price, plaintiff is barred from suing in contract for more than the unit amount (Depot Constr. Corp. v State of New York, 19 N.Y.2d 109 [1967]). However, the contractor's assumption of risk in a unit price bid...

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