A. R. MACK CONSTRUCTION CO., INC. v. CENTRAL SQUARE CENTRAL SCHOOL DISTRICT


278 A.D.2d 839 (2000)

719 N.Y.S.2d 425

A. R. MACK CONSTRUCTION CO., INC., Appellant, v. CENTRAL SQUARE CENTRAL SCHOOL DISTRICT, Respondent.

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

Decided December 27, 2000.


Order unanimously affirmed without costs.

Memorandum:

Plaintiff, the masonry contractor on a construction project for defendant school district, commenced this action to recover damages it allegedly incurred when it was required to complete its performance of the contract under "materially changed conditions" created by defendant and its agents. Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint. The damages sought...

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