Ordered that the order is modified, on the law, by adding to the decretal paragraph thereof after the word "for" the word "partial", and after the word "is" the words "granted to the extent of dismissing the cause of action to recover damages for fraud, and is otherwise"; as so modified, the order is affirmed, with costs to the plaintiff.
The plaintiff, Clark-Fitzpatrick, Inc., was awarded a $9,483,081 contract for the construction of the Port Jefferson branch track...
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