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MLB INDUS. v. E. GREENBUSH

33 A.D.3d 149 (2006)

819 N.Y.S.2d 153

MLB INDUSTRIES, INC., Appellant, v. EAST GREENBUSH CENTRAL SCHOOL DISTRICT, Respondent.

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

July 13, 2006.

Attorney(s) appearing for the Case

Tobin & Dempf, L.L.P., Albany (Michael L. Costello of counsel), for appellant.

Ferrara, Fiorenza, Larrison, Barrett & Reitz, P.C., East Syracuse (Brian J. Smith of counsel), for respondent.

Couch White, L.L.P., Albany (Joel M. Howard III of counsel), for General Building Contractors of New York State, Inc., amicus curiae.

Nolan & Heller, L.L.P., Albany (Terence J. Burke of counsel), for Northeastern Subcontractors Association, Inc., amicus curiae.

MERCURE, J.P., CREW III, ROSE and KANE, JJ., concur.

OPINION OF THE COURT

MUGGLIN, J.

Plaintiff, a general contractor, entered into a modified American Institute of Architects (hereinafter AIA) construction contract with defendant for alterations and additions to Columbia High School in the Town of East Greenbush, Rensselaer County. Prior to completion, plaintiff, contending that actions of defendant had resulted in unanticipated costs, submitted a claim summary...

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