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LOVISA CONSTR. CO., INC. v. CITY OF NEW YORK

69 N.Y.2d 801 (1987)

Lovisa Construction Co., Inc., Respondent, v. City of New York, Appellant, and Morse Diesel, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided February 12, 1987.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (Barry P. Schwartz and Fay Leoussis of counsel), for appellant.

Michael P. Goldsmith, Gary M. Axenfeld and Stephen M. Harnik for Lovisa Construction Co., Inc., respondent.

Tony Berman for Sarcon Construction Corp., respondent.

Concur: Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA.

Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division in Naclerio Contr. Co. v City of New York (116 A.D.2d 463, affd 69 N.Y.2d 794 [decided herewith]) and the question certified answered in the...

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