MLB CONSTR. SERV., LLC v. DORMITORY AUTH. OF THE STATE OF N.Y.

530227.

194 A.D.3d 1140 (2021)

2021 NY Slip Op 02852

MLB Construction Services, LLC, Appellant, v. Dormitory Authority of the State of New York, Respondent.

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

Decided May 6, 2021.


Attorney(s) appearing for the Case

Tobin and Dempf, LLP, Albany ( Michael L. Costello of counsel), for appellant.

Hinckley, Allen & Snyder LLP, Albany ( Nathan R. Sabourin of counsel), for respondent.

Couch White, LLP, Albany ( Joel M. Howard III of counsel), for Associated General Contractors of New York State, LLC and others, amici curiae.

Garry, P.J., Egan Jr., Clark and Aarons, JJ., concur.


In December 2013, defendant awarded plaintiff a $13,758,190 contract to perform general contractor services in conjunction with a project to renovate and abate asbestos in LaFevre Hall at the State University of New York at New Paltz. The deadline for substantial completion was scheduled for no later than July 16, 2014. The...

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