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MATTER OF JACK'S INSULATION CONTRACTING CORP. v. CITY OF NEW YORK

223 A.D.2d 365 (1996)

636 N.Y.S.2d 308

In the Matter of Jack's Insulation Contracting Corp. et al., Petitioners, v. City of New York et al., Respondents

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

January 9, 1996

Petitioners' argument that the testimony of respondents' witnesses reveals gaps in their work procedures suggesting that they confused petitioners' bags of waste with those left by someone else at the disposal site raised an issue of credibility that is to be resolved by the Administrative Law Judge (see, Matter of Berenhaus v Ward, 70 N.Y.2d 436, 443-444). Once the credibility of...

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