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MATTER OF BARRIER MOTOR FUELS, INC. v. BOARDMAN

256 A.D.2d 405 (1998)

681 N.Y.S.2d 594

In the Matter of BARRIER MOTOR FUELS, INC., Appellant, v. JOSEPH BOARDMAN et al., Respondents.

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

Decided December 14, 1998.

Ordered that the judgment is affirmed, with costs.

Between 1990 and 1994, the petitioner Barrier Motor Fuels, Inc. (hereinafter Barrier), negotiated with the New York State Department of Transportation (hereinafter DOT) to lease two State-owned gasoline stations on the Saw Mill River Parkway, where it would construct and operate two new service stations. Both sides went to considerable pre-construction expense, and building was about to begin in the spring of 1997...

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