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GRAHAM CONSTR. & MAINT. CORP. v. VILL. OF GOUVERNEUR

229 A.D.2d 815 (1996)

646 N.Y.S.2d 720

Graham Construction & Maintenance Corporation, Appellant-Respondent, v. Village of Gouverneur, Defendant and Third-Party Plaintiff-Respondent-Appellant. United States Fidelity and Guaranty Company, Third-Party Defendant-Appellant, et al., Third-Party Defendant

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

July 25, 1996

Cardona, P. J.

This dispute originates with a contract entered into between plaintiff and defendant dated July 19, 1988. The contract called for plaintiff to install certain sewer improvements for defendant. Plaintiff commenced work on or about August 1, 1988. Shortly thereafter, however, plaintiff allegedly encountered running water and unstable subsoil conditions which it claimed were unanticipated and could not have been discovered until the commencement...

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