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EMPIRE ASPHALT PAVING CO., INC. v. TOWN OF KENT

214 A.D.2d 533 (1995)

625 N.Y.S.2d 241

Empire Asphalt Paving Co., Inc., Respondent, v. Town of Kent, Appellant, et al., Defendant

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

April 3, 1995

Ordered that the judgment is affirmed, with costs.

The plaintiff Empire Asphalt Paving Co., Inc. (hereinafter Empire Asphalt), prepared a bid for a construction project in reliance on diagrams included in the bid package. The project involved the construction of a road, a parking lot, and a multipurpose recreational field. The Town of Kent awarded Empire Asphalt the contract. After the road and parking lot were completed, it was learned that the Town, which had not...

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