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STATE OF NEW YORK v. INDUSTRIAL SITE SERVICES, INC.

52 A.D.3d 1153 (2008)

862 N.Y.S.2d 118

STATE OF NEW YORK, Respondent, v. INDUSTRIAL SITE SERVICES, INC., et al., Appellants.

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

Decided June 26, 2008.

Spain, J.P.

In May 1998, plaintiff's Office of General Services (hereinafter OGS) entered into a contract with defendant Industrial Site Services, Inc. (hereinafter ISS)—the lowest bidder—for the removal and environmental remediation of underground petroleum storage tanks located on state property in several counties in western New York. ISS's original bid included a $500,000 lump sum fee to cover the cost of securing necessary performance, labor and...

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