TROCOM CONSTRUCTION CORP. v. CITY OF NEW YORK


51 A.D.3d 533 (2008)

859 N.Y.S.2d 41

TROCOM CONSTRUCTION CORP., Appellant, v. CITY OF NEW YORK, Respondent.

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

Decided May 20, 2008.


This case concerns a contract between the parties for the reconstruction of Sixth Avenue in Manhattan, from West 56th Street to Central Park South. Under the contract, plaintiff was to perform soil borings to locate and determine the size of underground voids believed to be contributing to sidewalk and pavement subsidence and to appropriately remediate the voids identified in these boring operations. Because defendant contemplated that work on the project would interfere...

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