Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the defendant's motion which was to dismiss so much of the first cause of action as was predicated on extra work claims totaling $129,338.27, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.
The plaintiff was the successful bidder on a project to perform renovation work...
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