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MATTER OF PRISMATIC DEV. CORP. v. NEW YORK CITY TR. AUTH.

152206/20. Appeal No. 14872. Case No. 2021-00995.

200 A.D.3d 568 (2021)

155 N.Y.S.3d 334

2021 NY Slip Op 07072

In the Matter of Prismatic Development Corporation, Appellant, v. New York City Transit Authority et al., Respondents.

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

Decided December 16, 2021.

Attorney(s) appearing for the Case

Peckar & Abramson, P.C., New York ( Patrick J. Greene, Jr. of counsel), for appellant.

David Farber , New York City Transit Authority, Brooklyn ( Liliya Abramchayeva of counsel), for respondents.

Concur—Kapnick, J.P., Friedman, González, Rodriguez, Pitt, JJ.

Petitioner's contention that the Chief Engineer committed errors of law by misinterpreting and misapplying the contract "raises an issue of law beyond the scope of the contractually limited standard of review, namely, a CPLR article 78 proceeding limited to the question of whether or not the Arbiter's determination is arbitrary, capricious or lacks a rational basis" (Secco Elec. Corp. v Kalikow, 13 A.D.3d 252, 253 [1st Dept 2004...

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