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KENAIDAN CONSTRUCTION CORP. v. COUNTY OF ERIE

4 A.D.3d 756 (2004)

772 N.Y.S.2d 153

KENAIDAN CONSTRUCTION CORP., Appellant, et al., Plaintiff, v. COUNTY OF ERIE, on its own Behalf and on Behalf of ERIE COUNTY SEWER DISTRICT NO. 1, Respondent.

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

February 11, 2004.

It is hereby ordered that the order and judgment so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum:

Kenaidan Construction Corp. (plaintiff), the prime contractor on a construction project in defendant, County of Erie, commenced this action to recover additional compensation for unanticipated costs incurred by plaintiff's subcontractor in drilling caissons for the foundation. By the seventh cause of action in the amended...

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