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R.T.P., INC. v. STATE OF NEW YORK FACILITIES DEV. CORP.

200 A.D.2d 935 (1994)

607 N.Y.S.2d 168

R.T.P., Inc., Respondent, v. State of New York Facilities Development Corporation, Defendant and Third-Party Plaintiff-Respondent-Appellant. Rogers, Burgun, Shahine and Dreschler, Inc., Third-Party Defendant-Appellant-Respondent

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

January 27, 1994

Cardona, P. J.

Defendant awarded a contract to plaintiff, a subcontractor, to construct fire safety features at a psychiatric center located in Nassau County in accordance with the designs and under the supervision of third-party defendant, an architectural firm. The contract contained a clause whereby plaintiff agreed to be bound by defendant's factual determinations concerning any work-related disputes (hereinafter article 21). During the course...

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