Plaintiff was awarded a subcontract to rake topsoil and perform other work under defendant Halmar Construction Corporation's contract with the State to reconstruct a portion of the Taconic State Parkway. The subcontract provided that plaintiff would rake 4,620 square yards of topsoil at $1.25 per square yard for a total of $5,775. While work was progressing on the project, Halmar began paying plaintiff for raking topsoil at the rate...
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