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TRIPLE CITIES CONSTR. CO., INC. v. STATE

194 A.D.2d 1037 (1993)

599 N.Y.S.2d 874

Triple Cities Construction Company, Inc., Appellant-Respondent, v. State of New York, Respondent-Appellant

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

June 24, 1993

Casey, J.

This action arises out of claimant's construction of 2.39 miles of highway in Chenango County pursuant to a contract with the Department of Transportation (hereinafter DOT). Claimant's first cause of action seeks to recover on a quantum meruit basis, rather than the contract price, for certain slope protection work, which involved the placement of rock materials on unstable slope surfaces to prevent erosion. The second cause of action seeks...

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