Ordered that the order is reversed, on the law, with costs, the motion is granted, the first, second, and third counterclaims in the amended answer are dismissed, and the cross motion is denied.
The Supreme Court erred in denying the plaintiff's motion to dismiss the first, second, and third counterclaims in the defendant's amended answer. "While the date upon which a contractor's damages become ascertainable necessarily depends upon the particular facts of each case...
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