MATTER OF WALSH CONSTR. CO. v. EGAN


170 A.D.2d 899 (1991)

In the Matter of Walsh Construction Company, a Division of Guy F. Atkinson Company, Respondent-Appellant, v. John Egan, as Commissioner of General Services of the State of New York, et al., Appellants-Respondents, et al., Respondent

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

February 28, 1991


Crew III, J.

In November 1987, petitioner entered into a construction contract with the State for construction of Cayuga Correctional Facility in Cayuga County. In January 1989, petitioner submitted payment application No. 20 for work performed at the facility. Payment was rejected and petitioner commenced a CPLR article 78 proceeding, the precursor to the present proceeding, seeking to compel payment. By judgment dated April 19, 1989, Supreme Court ordered...

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