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KALISCH-JARCHO v. CITY OF NY.

135 A.D.2d 262 (1988)

Kalisch-Jarcho, Inc., Respondent, v. City of New York, Appellant

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

March 1, 1988

Attorney(s) appearing for the Case

David E. Montgomery of counsel (Frederick R. Rohn with him on the brief; Sacks, Montgomery, Pastore & Levine, P. C., attorneys), for respondent.

Barry P. Schwartz of counsel (Fay Leoussis with him on the brief; Peter L. Zimroth, Corporation Counsel, attorney), for appellant.

MILONAS and KASSAL, JJ., concur with ROSENBERGER, J.; SANDLER, J. P., and ASCH, J., dissent in an opinion by SANDLER, J. P.

ROSENBERGER, J.

In this contract dispute between appellant, the City of New York, and respondent, a private plumbing contractor, we are called upon to determine the continuing vitality of the longstanding rule enunciated in Borough Constr. Co. v City of New York (200 N.Y. 149 [1910]), and to strike a balance between the conflicting interests of the municipality in ensuring timely completion of public...

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