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IN THE MATTER OF TERRAFERMA ELECTRICAL CONSTRUCTION CO., INC. v. CITY OF NEW YORK

30 A.D.3d 607 (2006)

818 N.Y.S.2d 147

In the Matter of TERRAFERMA ELECTRICAL CONSTRUCTION CO., INC., Appellant, v. CITY OF NEW YORK et al., Respondents.

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

June 20, 2006.

Ordered that the judgment is affirmed, with one bill of costs.

In this matter, the respondent New York City Department of Environmental Protection (hereinafter the DEP) awarded a municipal contract to the respondent Schlesinger-Siemens, LLC (hereinafter LLC). Initially, LLC used the wrong bid sheet, which contained a line item of $400,000 for a "contingency work allowance." The correct bid sheet was in all material respects identical to the wrong one, save for the...

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