ISS ACTION, INC. v. TUTOR PERINI CORP.

2016-05400, Index No. 53046/14.

170 A.D.3d 686 (2019)

95 N.Y.S.3d 298

2019 NY Slip Op 01577

ISS Action, Inc., Appellant, v. Tutor Perini Corporation, Respondent.

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

Decided March 6, 2019.


Ordered that the order is affirmed, with costs, and the matter is remitted to the Supreme Court, Westchester County, for the entry of a judgment, inter alia, making an appropriate declaration in accordance herewith.

The plaintiff alleged that the defendant entered into an agreement with the Port Authority of New York and New Jersey to make certain improvements to a runway at John F. Kennedy International Airport. The plaintiff further alleged that on July 31, 2009...

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