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MATTER OF TOWN OF QUEENSBURY

175 A.D.2d 946 (1991)

In the Matter of the Arbitration between Town of Queensbury, Appellant, and Joseph R. Wunderlich, Inc., Respondent

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

August 8, 1991

Crew III, J.

In August 1987, petitioner and respondent entered into a contract for construction of a sewer in the Town of Queensbury, Warren County. In October 1987, petitioner issued a change order requiring respondent to install a pumping station which was to be billed on a time and materials basis. After completion of the pumping station, respondent submitted a written request for payment in the amount of...

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