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  5. 74 N.Y.2d 166 (1989)
 

CRIMMINS CONTR. v. CITY OF NY

74 N.Y.2d 166 (1989)

Thomas Crimmins Contracting Co., Inc., and Cayuga Construction Co., a Joint Venture, Respondent, v. City of New York et al., Appellants and Third-Party Plaintiffs, et al., Third-Party Defendant.

Court of Appeals of the State of New York.

Decided July 13, 1989.

Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Barry P. Schwartz, Fay Leoussis, Leonard Koerner and John F. Grubin of counsel), for appellants.

J. Robert Ellner for respondent.

Tony Berman and Herbert J. Sue for The General Contractors Association of New York, Inc., amicus curiae.

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

KAYE, J.

In this action on a construction contract with the City of New York and the New York City Transit Authority, plaintiff contractor seeks to recover damages for additional expenses allegedly incurred as a result of unanticipated subsurface conditions, and for extra and disputed work claims. The question before us is whether a contractual provision — which the City now styles an alternate dispute...

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