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TRATAROS CONSTRUCTION, INC. v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY

46 A.D.3d 871 (2007)

849 N.Y.S.2d 437

TRATAROS CONSTRUCTION, INC., Respondent-Appellant, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Appellant-Respondent.

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

Decided December 26, 2007.

Ordered that the judgment is reversed insofar as appealed from, on the law, and the complaint is dismissed; and it is further,

Ordered that the cross appeal is dismissed as academic in light of our determination on the appeal; and it is further,

Ordered that one bill of costs is awarded to the defendant.

The plaintiff contends that its proof at trial established its substantial performance of the entirety of the renovation contract at issue here. The...

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