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COMSTOCK v. CONVENTION CTR.

179 A.D.2d 322 (1992)

L.K. Comstock & Co., Inc., and Luis Electric Corp., a Joint Venture, Appellant, v. New York Convention Center Development Corp., Respondent

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

May 7, 1992

Attorney(s) appearing for the Case

Harvey J. Barnett of counsel (Michael S. Blazer, Harold Smith, Franklin E. Tretter, Eli S. Cohn and Howard A. Rosenstein with him on the brief; Barnett, Bornstein & Blazer, Ltd., Hinckley & Silbert, P. C., and McDonough Marcus Cohn & Tretter, P. C., attorneys), for appellant.

Morris Dershowitz for respondent.

CARRO, J. P., MILONAS, ROSENBERGER and ELLERIN, JJ., concur.

SMITH J.

The issue here is whether plaintiff's participation in a minority business enterprise plan and its failure to object to that plan for over 10 years constitutes a waiver on its part so that it is precluded from constitutionally challenging that plan now.

Plaintiff is a joint venture comprised of L.K. Comstock & Co., Inc. and Luis Electric Corp., electrical contracting companies. Defendant...

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