This action arises out of the renovation of the Malden Service Area on the Thruway. Plaintiff entered into a subcontract with defendant U. W. Marx, Inc. (hereinafter Marx) whereby plaintiff agreed to perform certain excavation work as part of the remodeling project. It is undisputed that during the project, plaintiff was authorized to perform extra work consisting of the demolition and removal of subsurface concrete, the existence of which...
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