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  5. 70 N.Y.2d 382 (1987)
 

CLARK-FITZPATRICK v. LONG IS.

70 N.Y.2d 382 (1987)

Clark-Fitzpatrick, Inc., Appellant, v. Long Island Rail Road Company, Respondent, et al., Defendant.

Court of Appeals of the State of New York.

Decided November 17, 1987.

Attorney(s) appearing for the Case

Robald P. Mysliwiec, Sheila M. Donohue and Edward B. Fitzpatrick, III, for appellant.

Justin N. Feldman, Ingrid R. Sausjord and Thomas M. Taranto for respondent.

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

ALEXANDER, J.

This litigation arises out of a multimillion dollar track improvement of the Port Jefferson branch of the Long Island Railroad by the addition of a second railroad track between Amott and Huntington. Construction on the contract, which defendant, Long Island Rail Road Company (LIRR), awarded to plaintiff, Clark-Fitzpatrick, Inc., as low bidder, began in September 1983. As alleged by plaintiff, the...

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