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L&L PAINTING CO., INC. v. CONTRACT DISPUTE RESOLUTION BOARD OF THE CITY OF NEW YORK

No. 140 SSM 13.

14 N.Y.3d 827 (2010)

926 N.E.2d 1228

900 N.Y.S.2d 723

L&L PAINTING CO., INC., et al., Appellants, v. CONTRACT DISPUTE RESOLUTION BOARD OF THE CITY OF NEW YORK et al., Respondents.

Court of Appeals of New York.

Decided April 29, 2010.

Attorney(s) appearing for the Case

Georgoulis & Associates PLLC, New York City ( Michael McDermott of counsel), for appellants.

Michael A. Cardozo, Corporation Counsel, New York City ( Alan G. Krams of counsel), for respondents.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. The City of New York Contract Dispute Resolution Board rationally determined that a discrepancy between a diagram and notes on the contract drawing that is the subject of this dispute created an ambiguity in the contract terms, which petitioner L&L Painting Co., Inc. failed to clarify prior to bidding as the contract required. Therefore, the Board rationally...

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