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ADC CONSTRUCTION LLC v. EMPIRE CITY SUBWAY CO., LTD.

290 A.D.2d 229 (2002)

736 N.Y.S.2d 6

ADC CONSTRUCTION, LLC, Appellant, v. EMPIRE CITY SUBWAY CO., LTD., et al., Respondents.

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

Decided January 3, 2002.

Defendants dispute the quality, necessity and "reasonableness" of plaintiff's performance under the interference agreement, and claim that plaintiff's demand for further payment is subject to a broad arbitration clause contained in plaintiff's contract with the City. Under addendum No. 5, section U of plaintiff's contract with the City, entitled "Additional Contract Requirements Applying to Work Performed in the Presence of Privately Owned Utility Facilities," plaintiff was...

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