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PERMIS CONSTRUCTION CORP. v. NEW YORK CITY HOUSING AUTHORITY

5 A.D.3d 194 (2004)

773 N.Y.S.2d 58

PERMIS CONSTRUCTION CORP. et al., Appellants, v. NEW YORK CITY HOUSING AUTHORITY, Respondent, et al., Defendant. (And a Third-Party Action.)

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

March 11, 2004.

Plaintiffs-appellants' contention that the contractor was entitled under the terms of the contract to utilize horizontal built-up scaffolding instead of hanging scaffolding is unavailing, since the record demonstrates that the contractor, despite having ample time to do so, failed to satisfy its contractual obligation that the former type of scaffolding be designed so as to prevent access to apartment windows. Contrary to appellants...

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