GENE HOCK EXCAVATING, INC. v. TOWN OF HAMBURG


227 A.D.2d 911 (1996)

643 N.Y.S.2d 268

Gene Hock Excavating, Inc., Appellant, v. Town of Hamburg, Respondent

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

May 31, 1996


Order unanimously affirmed without costs.

Memorandum:

Plaintiff, the successful bidder on a highway construction project in defendant town, commenced this action to recover, inter alia, additional compensation for work required to stabilize a portion of the subsurface. The need for such work was unforeseen by plaintiff when it bid on the project. Supreme Court properly granted defendant's motion for partial summary judgment dismissing that part of plaintiff...

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