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MATTER OF GOTTLIEB CONTRACTING, INC. v. CITY OF NEW YORK

49 A.D.3d 409 (2008)

858 N.Y.S.2d 87

In the Matter of GOTTLIEB CONTRACTING, INC., Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided March 18, 2008.

Petitioner sought payment for electrical work under a 1984 contract with the City's Department of General Services (DOGS). The terms of the contract required that claims thereunder be brought within one year.

Release of the amounts purportedly due herein involves the exercise of a discretionary municipal function, not a ministerial one, requiring certification by the administering agency's engineer and approval from its...

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