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THE ONEIDA INDIAN NATION v. HUNT CONSTRUCTION GROUP, INC.

CA 11-00241.

88 A.D.3d 1264 (2011)

930 N.Y.S.2d 729

2011 NY Slip Op 7094

THE ONEIDA INDIAN NATION, a Sovereign Nation, Appellant, v. HUNT CONSTRUCTION GROUP, INC., Respondent. THE ONEIDA INDIAN NATION, a Sovereign Nation, Third-Party Plaintiff, v. BRENNAN BEER GORMAN/ARCHITECTS, LLP, Third-Party Defendant. BRENNAN BEER GORMAN/ARCHITECTS, LLP, Fourth-Party Plaintiff-Respondent, v. BERTINO & ASSOCIATES, INC., Fourth-Party Defendant-Appellant, and STEVEN FELLER, P.E., et al., Fourth-Party Defendants-Respondents, et al., Fourth-Party Defendants.

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

Decided October 7, 2011.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion of plaintiff/third-party plaintiff and dismissing defendant's first and second counterclaims to the extent that they seek amounts in excess of the contractual guaranteed maximum price, as modified by change orders or construction change directives, and as modified the order is affirmed without costs.

Memorandum...

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