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THALLE CONSTRUCTION CO., INC. v. CITY OF NEW YORK

256 A.D.2d 157 (1998)

681 N.Y.S.2d 522

THALLE CONSTRUCTION CO., INC., Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided December 15, 1998.

Plaintiff's second cause of action for damages occasioned by defendant City's insistence upon plaintiff contractor's use of compressed air during construction performed pursuant to the parties' agreement below the water table, was properly dismissed. Section 5.37.3 (B) of Addendum No. 2 to the construction contract at issue, relating to the construction of inlet and outlet siphon chambers, specifically and unambiguously states, "All construction below the water table shall...

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