A.F.C. ENTERPRISES, INC. v. NEW YORK CITY TRANSIT AUTHORITY

3625, 117236/07.

79 A.D.3d 514 (2010)

913 N.Y.S.2d 75

A.F.C. ENTERPRISES, INC., Respondent, v. NEW YORK CITY TRANSIT AUTHORITY, Appellant.

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

Decided December 14, 2010.


The determination of respondent's chief engineer (CE) denying petitioner's claim for additional compensation for disposing of an amount of petroleum-contaminated soil in excess of the contract amount was made without sound basis in reason and in disregard of the facts (see Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 N.Y.2d 222, 231 [1974];

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