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MIDDLE COUNTRY CENT. SCH. DIST. v. J.F. O'HEALY CONSTR. CORP.

230 A.D.2d 777 (1996)

646 N.Y.S.2d 379

Middle Country Central School District, Appellant, v. J.F. O'Healy Construction Corp. et al., Respondents

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

August 12, 1996

Ordered that the order and judgment is affirmed, without costs or disbursements.

The plaintiff awarded the defendant J.F. O'Healy Construction Corp. (hereinafter O'Healy) a contract for the general construction of an elementary school. In 1971 O'Healy certified that the school was completed in accordance with the contract specifications and requirements. Twenty years later, in 1991, defects caused by missing, improperly tightened and improper bolts were found in the...

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