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TILCON NEW YORK, INC. v. NEW JERSEY DEPARTMENT OF TRANSPORTATION

No. A-3075-11T4.

TILCON NEW YORK, INC., Plaintiff-Appellant, v. NEW JERSEY DEPARTMENT OF TRANSPORTATION, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided December 31, 2013.

Attorney(s) appearing for the Case

Michael F. McKenna argued the cause for appellant (Lewis & McKenna, attorneys; Mr. McKenna, of counsel; Mr. McKenna, Paul Z. Lewis , James M. McMahon and Anne E. Penix , on the briefs).

Sudha V. Raja , Deputy Attorney General, argued the cause for respondent ( John J. Hoffman , Acting Attorney General, attorney; Beth Leigh Mitchell , Assistant Attorney General, of counsel; Ms. Raja, on the briefs).

Florio Perrucci Steinhardt & Fader, L.L.C., attorneys for amicus curiae Construction Industry Advancement Program of New Jersey ( John F. Neary , of counsel; Mr. Neary and Jennifer Shaw , on the brief).

Before Judges Yannotti, Ashrafi and Leone.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

PER CURIAM.

Plaintiff Tilcon New York, Inc. (Tilcon) appeals from the final judgment entered by the trial court on January 19, 2012, dismissing its complaint against defendant, the New Jersey Department of Transportation (NJDOT). We affirm.

I.

Tilcon was the lowest responsible bidder for two of the NJDOT's paving projects: MRRC 162, a project on Route 46 in Morris County...

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