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

46 A.D.3d 872 (2007)

849 N.Y.S.2d 582

TRATAROS CONSTRUCTION, INC., Respondent, v. NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Appellant, et al., Defendants.

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

Decided December 26, 2007.

Ordered that the order dated August 16, 2006, is modified, on the facts and in the exercise of discretion, by deleting the provision thereof denying that branch of the motion of the defendant New York City School Construction Authority which was for leave to renew and substituting therefor a provision granting that branch of the motion and, upon renewal, vacating the order dated November 2, 2005, and granting that branch of the prior motion which was pursuant to CPLR 3126...

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