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MATTER OF ALBANY PORT DIST. COMM'N

124 A.D.2d 867 (1986)

In the Matter of the Arbitration between Albany Port District Commission, Appellant, and Edward B. Fitzpatrick, Jr., Construction Company, Inc., Respondent

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

November 13, 1986

Kane, J.

Petitioner and respondent entered into a contract on March 10, 1980 for construction work to be performed at a marine terminal of the Port of Albany. Public funds were appropriated for the project under Laws of 1979 (ch 397). When the bids on the project far exceeded the appropriation, Cibro Petroleum Products, Inc., the lessee of the terminal involved in the project, agreed to provide the additional funding in the event it was needed. Respondent...

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