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D.A. ELIA CONSTRUCTION CORPORATION v. NEW YORK STATE THRUWAY AUTHORITY

289 A.D.2d 665 (2001)

734 N.Y.S.2d 295

D.A. ELIA CONSTRUCTION CORPORATION, Appellant, v. NEW YORK STATE THRUWAY AUTHORITY, Respondent. (Claim No. 87413.)

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

Decided December 6, 2001.

Rose, J.

This action arises out of a contract between claimant and the State Thruway Authority (hereinafter the State) for the repair of four concrete piers supporting the Castleton-on-Hudson Bridge. Claimant was paid the unit prices specified in the contract for the number of cubic yards of concrete actually placed and the number of gallons of epoxy bonding compound estimated in the project's bid documents. As a result of having to repair more but smaller areas of...

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