Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In 1985 defendant U.S. Sprint Communications (Sprint) entered into two agreements with third-party defendant Finley Engineering Company (Finley) providing that Finley would perform route design and engineering for approximately 252 miles of fiberoptic cable to be installed between Rochester and Albany. Both agreements provide that "all claims and disputes...
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