Defendant established prima facie that plaintiff's alleged extra concrete restoration work was within the stipulated allowances of the parties' contract, by submitting the contract, which authorized the architect to determine the amount of work necessary for that item. The architect had specifically determined that the concrete restoration work at issue was within the contract allowances and did not constitute extra work (see Savin Bros. v State of New York,
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TADCO CONSTRUCTION CORP. v. DORMITORY AUTHORITY OF THE STATE OF NEW YORK
7243, 600039/07.
93 A.D.3d 619 (2012)
941 N.Y.S.2d 102
2012 NY Slip Op 2410
TADCO CONSTRUCTION CORP., Appellant, v. DORMITORY AUTHORITY OF THE STATE OF NEW YORK, Respondent.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided March 29, 2012.
Decided March 29, 2012.
Appellate Division of the Supreme Court of New York, First Department.
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