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B & F SKILLED, INC. v. WEINSHALL

45 A.D.3d 281 (2007)

845 N.Y.S.2d 249

B & F SKILLED, INC., et al., Appellants, v. IRIS WEINSHALL, as Commissioner of the New York City Department of Transportation, et al., Respondents.

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

Decided November 1, 2007.

Petitioners' attorneys failed to join the Contracts Dispute Resolution Board as a party respondent, despite a provision in the contracts requiring submission of any dispute for resolution by that body as a last step before commencing an article 78 proceeding. The statute of limitations has already run. These circumstances are virtually indistinguishable from Matter of Solid Waste Servs., Inc. v New York City Dept. of Envtl. Protection (29 A.D.3d 318...

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