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OSTBERG v. LITRIC

4091, 111647/09.

80 A.D.3d 518 (2011)

915 N.Y.S.2d 256

NEAL OSTBERG, Respondent, v. DRAGAN LITRIC, Also Known as DANNY LITRIC, Doing Business as LITRIC CONTRACTING, Appellant.

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

Decided January 20, 2011.

The complaint properly states a cause of action for confirmation of the architect's decision, and defendant failed to demonstrate that the contract documents conclusively establish a defense to that cause of action. Contrary to defendant's contention, the Court of Appeals' decisions in Matter of County of Rockland (Primiano Constr. Co.) (51 N.Y.2d 1 [1980]) and Matter of Liebhafsky (Comstruct Assoc.) (62 N...

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