STATE OF N.Y. EX REL. SOLOMON v. SIEMENS ELEC., LLC

Index Nos. 101034/17, 100422/18. Appeal Nos. 15225-15226. Case Nos. 2021-02889, 2021-02890.

202 A.D.3d 454 (2022)

2022 NY Slip Op 00746

State of New York and Another ex rel. Robert Solomon, Plaintiffs, and Robert Solomon, Appellant, v. Siemens Electrical, LLC, et al., Respondents.

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

Decided February 3, 2022.


Attorney(s) appearing for the Case

Robert W. Sadowski PLLC, New York ( Robert W. Sadowski of counsel), for appellant.

Binder & Schwartz LLP, New York ( Wendy H. Schwartz of counsel), for respondents.

Concur— Manzanet-Daniels, J.P., Webber, Oing, Mendez, Higgitt, JJ.


Supreme Court correctly found that the claims under the NYFCA concerning the reports by plaintiff/relator (relator) of electrical code violations by defendants at the Croton Water Filtration Plant are unsustainable for a lack of materiality. The documentary evidence showed that the government continued to make contract payments, despite actual knowledge that defendants had violated certain contractual and code requirements and despite the possibility of continuing violations...

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