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CITY OF BINGHAMTON v. HAWK ENGINEERING P.C.

511036.

85 A.D.3d 1417 (2011)

925 N.Y.S.2d 705

2011 NY Slip Op 5157

CITY OF BINGHAMTON, Appellant, v. HAWK ENGINEERING P.C., Respondent.

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

Decided June 16, 2011.

GARRY, J.

In 2003, defendant, an engineering firm, entered into a contract to provide plaintiff with a design for the rehabilitation of a bridge. Defendant delivered the plans in September 2005 and submitted its final bill in November 2005. The bridge was completed in October 2007. In December 2007, the Department of Transportation (hereinafter DOT) inspected the bridge, discovered cracking in certain structures, and issued a "Red Flag report" recommending a check...

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