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NORTHEAST CAISSONS, INC. v. COLUMBUS CONSTRUCTION CORP.

268 A.D.2d 512 (2000)

702 N.Y.S.2d 360

NORTHEAST CAISSONS, INC., et al., Appellants-Respondents, v. COLUMBUS CONSTRUCTION CORP. et al., Respondents-Appellants.

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

Decided January 24, 2000.

Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that the plaintiffs are awarded one bill of costs.

The trial court providently exercised its discretion in denying the plaintiffs' motion for an award of attorney's fee because the defenses asserted by the defendants were not "without substantial basis in fact or law" (State Finance Law § 137 [4] [c...

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