ALL COUNTY PAVING CORP. v. SUFFOLK COUNTY WATER AUTHORITY


20 A.D.3d 438 (2005)

798 N.Y.S.2d 523

ALL COUNTY PAVING CORP., Doing Business as COLLINS CONSTRUCTION Co., Appellant, v. SUFFOLK COUNTY WATER AUTHORITY, Respondent.

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

July 11, 2005.


Ordered that the judgment is affirmed, with costs.

The plaintiff entered into a contract with the defendant public authority for the installation of a water main. During its performance of the contract, the plaintiff encountered unforeseen subterranean obstacles, which damaged its equipment, interrupted and delayed the project, and required additional labor and material.

The defendant established its prima facie entitlement to summary judgment by producing...

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