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  5. 248 A.D.2d 766 (1998)
 

J & A BAYLY CONSTR. CO., INC. v. VILL. OF CASTLETON-ON-HUDSON

248 A.D.2d 766 (1998)

669 N.Y.S.2d 697

J & a Bayly Construction Company, Inc., Appellant, v. Village of Castleton-On-Hudson, Respondent, et al., Defendant

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

March 5, 1998

White, J.

In June 1990, defendant Village of Castleton-on-Hudson awarded a contract to plaintiff for the erection of a ground water storage tank that was to be constructed of steel reinforced concrete that could not contain fly ash and had to include a certain air entraining admixture. Construction commenced immediately; however, in October 1990 it was discovered that the concrete contained fly ash and had less air entrainment than required. The Village...

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