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CITY OF NEW YORK v. SEABURY CONSTRUCTION CORPORATION

4 A.D.3d 124 (2004)

771 N.Y.S.2d 508

CITY OF NEW YORK, Respondent-Appellant, v. SEABURY CONSTRUCTION CORPORATION, Defendant, and JEFFREY CHAIN CORPORATION, Appellant-Respondent.

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

February 5, 2004.

This action arises out of a contract to reconstruct 27 tanks for waste water treatment at the Hunts Point Water Pollution Control Point, located in the Bronx, owned by plaintiff, the City of New York. The City entered into a contract (the Contract) with defendant Seabury Construction Corporation for reconstruction of the tanks, which included installation of new stainless steel chains and other related equipment. Seabury entered into a contract (the Purchase Order) with defendant...

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