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EXCEL GROUP, INC. v. NEW YORK CITY TRANSIT AUTHORITY

22 A.D.3d 794 (2005)

803 N.Y.S.2d 712

EXCEL GROUP, INC., Appellant, v. NEW YORK CITY TRANSIT AUTHORITY, Respondent.

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

October 31, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

After competitive bidding, on or about December 31, 1998, the plaintiff entered into a contract with the defendant to perform rehabilitation of three subway stations at a contract price of $37,930,725. The terms of the contract were set forth in a form contract entitled, inter alia, "INFORMATION FOR BIDDERS, CONTRACT TERMS AND CONDITIONS."

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