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DELRIC CONSTR. CO., INC. v. NEW YORK CITY SCH. CONSTR. AUTH.

2019-10554. Index No. 514857/18.

204 A.D.3d 750 (2022)

166 N.Y.S.3d 656

2022 NY Slip Op 02391

Delric Construction Co., Inc., Appellant, v. New York City School Construction Authority, Respondent.

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

Decided April 13, 2022.

Attorney(s) appearing for the Case

Welby, Brady & Greenblatt, LLP, White Plains, NY ( Thomas S. Tripodianos , Michael I. Silverstein , and Geoffrey S. Pope of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York, NY ( Scott Shorr , Anna W. Gottlieb , and Geoffrey Stannard of counsel), for respondent.

Miller, J.P., Maltese, Zayas and Ford, JJ., concur.

Ordered that the order is reversed, on the law, with costs, and the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint is denied.

In July 2014, the plaintiff and the defendant entered into a contract in which the plaintiff agreed to provide labor and materials on an exterior masonry project at a school in Brooklyn. After the plaintiff began work on the project, it submitted a document entitled "Request For Information" to the defendant in which it...

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