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P.A. BLDG. CO. v. CITY OF NEW YORK

236 A.D.2d 275 (1997)

653 N.Y.S.2d 340

P.A. Building Company, Appellant, v. City of New York et al., Respondents

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

February 18, 1997

Plaintiff's request for a hearing to determine the identity of the auditing entity, denied by a prior order of the same court, entered February 15, 1996, that was never appealed or the subject of renewal or reargument by plaintiff, is not properly raised on this appeal. In any event, no purpose would be served by such a hearing inasmuch as defendant City, which has the authority to designate an agent to conduct the audit (217 A.D.2d 417

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