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  5. 87 N.Y.2d 927 (1996)
 

YONKERS CONTRACTING CO., INC. v. PORT AUTH. TRANS-HUDSON CORP.

87 N.Y.2d 927 (1996)

663 N.E.2d 907

640 N.Y.S.2d 866

Yonkers Contracting Company, Inc., Appellant, v. Port Authority Trans-Hudson Corporation, Respondent.

Court of Appeals of the State of New York.

Decided February 8, 1996.

Attorney(s) appearing for the Case

Watt, Tieder & Hoffar, L. L. P. (Garry R. Boehlert, Robert G. Watt and Douglas C. Proxmire, of the Virginia Bar, admitted pro hac vice, of counsel), and Berman, Paley, Goldstein & Kannry, New York City (Alvin Goldstein of counsel), for appellant.

Arthur P. Berg, New York City, Milton H. Pachter, Anne M. Tannenbaum and Valerie F. Mauceri for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff-appellant, Yonkers Contracting Company, Inc., as prime contractor, entered into a multimillion dollar agreement with defendant-respondent Port Authority Trans-Hudson Corporation (PATH) to perform emergency tunnel ventilation and evacuation work in Jersey City, New Jersey. Paragraph 17 of the contract authorized PATH's Chief Engineer...

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