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SEVILLE CONSTR. v. NYCHA

247 A.D.2d 69 (1998)

677 N.Y.S.2d 359

Seville Construction, Inc., Respondent-Appellant, v. New York City Housing Authority, Appellant-Respondent

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

September 10, 1998

Attorney(s) appearing for the Case

Ronald E. Sternberg of counsel, (Leonard Koerner on the brief; Michael D. Hess, Corporation Counsel of New York City, attorney), for appellant-respondent.

Chris Georgoulis of counsel (Scotto, Georgoulis, Dockery & Scotto, attorneys), for respondent-appellant.

WALLACH, TOM, MAZZARELLI and SAXE, JJ., concur.

MILONAS, J. P.

Plaintiff construction company was the successful bidder to rehabilitate seven buildings owned by defendant New York City Housing Authority (NYCHA). The issue on appeal is whether NYCHA breached the contract by hiring another firm to perform asbestos removal after Seville commenced its work at the site.

Seville's $6.2 million bid for the project included $57,000 for a limited amount of...

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