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MATTER OF TROY SAND & GRAVEL COMPANY, INC. v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION

270 A.D.2d 698 (2000)

704 N.Y.S.2d 734

In the Matter of TROY SAND & GRAVEL COMPANY, INC., Appellant, v. NEW YORK STATE DEPARTMENT OF TRANSPORTATION, Respondent.

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

Decided March 16, 2000.

Graffeo, J.

Due to the rapid deterioration of the decks of two bridges located in Columbia County in 1994, respondent conducted a study which concluded that the presence of phyllite, a metamorphic derivative of sedimentary rocks, in the gravel aggregate that is mixed with concrete had caused "popouts" and "scaling." The shale-like phyllite was found to have had a tendency to split along internal laminations, thereby causing premature deterioration of surfaces from...

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