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WSA GROUP, PE-PC v. DKI ENG'G & CONSULTING USA PC

527709.

178 A.D.3d 1320 (2019)

2019 NY Slip Op 09339

WSA Group, PE-PC, Appellant-Respondent, v. DKI Engineering & Consulting USA PC, Respondent-Appellant.

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

Decided December 26, 2019.

Attorney(s) appearing for the Case

Hodgson Russ LLP, Buffalo ( Michelle L. Merola of counsel), for appellant-respondent.

Wilson, Elser, Moskowitz, Edelman & Dicker LLP, Albany ( Christopher A. Priore of counsel), for respondent-appellant.

Clark, Mulvey, Pritzker and Reynolds Fitzgerald, JJ., concur.

In March 2012, plaintiff entered into a subcontract with defendant, a professional engineering firm, by which defendant agreed to inspect certain state bridges pursuant to plaintiff's prime contract with the Department of Transportation (hereinafter DOT). The subcontract provided that the time period for defendant's performance was January...

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