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X.L.O. CONCRETE v. RIVERGATE

190 A.D.2d 113 (1993)

X.L.O. Concrete Corp., Appellant-Respondent, v. Rivergate Corporation, Respondent-Appellant

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

May 4, 1993

Attorney(s) appearing for the Case

Lester Gulitz, Peekskill, for appellant-respondent.

Raymond A. Bragar of counsel, New York City (Beth A. Willensky with him on the brief; Bragar & Wexler, P. C., attorneys), for respondent-appellant.

MURPHY, P. J., ROSENBERGER and ASCH, JJ., concur.

CARRO, J.

On May 12, 1983, plaintiff X.L.O. Concrete Corp. (XLO), as subcontractor, entered into a written contract with defendant, The Rivergate Corporation, as general contractor, for construction of the concrete superstructure of a project located at 401-429 East 34th Street in Manhattan, for the price of $16,300,000. By reason of certain work changes the contract...

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