MATTER OF MARSON CONSTRUCTION CORPORATION v. MTA NEW YORK CITY TRANSIT


264 A.D.2d 421 (1999)

694 N.Y.S.2d 688

In the Matter of MARSON CONSTRUCTION CORPORATION et al., Appellants, v. MTA NEW YORK CITY TRANSIT, Respondent.

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

Decided August 9, 1999.


Ordered that the order and judgment is affirmed insofar as appealed from, with costs.

The petitioners seek to review a determination of the Chief Engineer of the respondent, MTA New York City Transit (hereinafter the TA), as arbitrator under a construction contract. The determination permitted the TA to deduct $125,560.50 in profit, overhead, and bond costs associated with work deleted from the contract. That determination was based

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