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BIANCHI INDUSTRIAL SERVICES, LLC v. VILLAGE OF MALONE

41 A.D.3d 999 (2007)

838 N.Y.S.2d 240

BIANCHI INDUSTRIAL SERVICES, LLC, Respondent, v. VILLAGE OF MALONE, Appellant.

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

Decided June 14, 2007.

Lahtinen, J.

Plaintiff was the low bidder and entered into a contract in August 2003 with defendant to demolish and remove the abandoned and deteriorating Flanagan Hotel, which had been condemned by defendant's code enforcement officer. The hotel's owner, with court proceedings looming, had contractually authorized defendant to take any steps necessary to address the public health problems caused by the hotel, including...

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