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WASSER v. CITY OF NEW YORK

251 A.D.2d 173 (1998)

673 N.Y.S.2d 1001

Sylvia Wasser et al., Respondents, v. City of New York, Respondent, and Edenwald Contracting Co., Inc., Appellant

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

June 18, 1998

The affidavit of plaintiff's expert engineer identifying specific provisions of the contract that the contractor violated is more than adequate to raise an issue of fact as to contract compliance. Given the nature of the asserted defects, including use of a nonconforming tar filler and the absence of any sealer at the accident area, and the testimony of the contractor's representative that the tar filler used would last "indefinitely...

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