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RIFENBURG CONSTRUCTION, INC. v. STATE OF NEW YORK

CA 11-00880.

90 A.D.3d 1498 (2011)

935 N.Y.S.2d 406

2011 NY Slip Op 9375

RIFENBURG CONSTRUCTION, INC., Respondent-Appellant, v. STATE OF NEW YORK, Appellant-Respondent. (Claim No. 111868.)

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

Decided December 23, 2011.

It is hereby ordered that said cross appeal is unanimously dismissed and the order is modified on the law by granting those parts of the motion for summary judgment dismissing the third and fourth causes of action and as modified the order is affirmed without costs.

Memorandum: The New York State Department of Transportation (DOT) entered into a contract with claimant for the reconstruction of 6.9 miles of Route 332 in Farmington (hereafter, project). The project...

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