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UNDERGROUND UTILS., INC. v. COMPTROLLER OF THE CITY OF N.Y.

157356/14, 8660A, 8660.

170 A.D.3d 481 (2019)

96 N.Y.S.3d 217

2019 NY Slip Op 01712

Underground Utilities, Inc., Appellant, v. Comptroller of the City of New York et al., Respondents.

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

Decided March 12, 2019.

Plaintiff seeks to recover certain funds retained by defendant Comptroller, pursuant to General Municipal Law § 106 (the retainage), in connection with contracts between plaintiff and the New York City Department of Transportation (DOT). DOT informed plaintiff many times between 1997 and 2003 of its position that the retainage would not be released to plaintiff because DOT had made substantial overpayments to plaintiff on the contracts. In addition, in 2007, plaintiff...

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