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DeMATTEIS/DARCON v. CITY OF NEW YORK

Index No. 652893/16, Appeal No. 1641, Case No. 2022-03160.

2024 NY Slip Op 00736

DeMATTEIS/DARCON, JOINT VENTURE, Plaintiff-Appellant, v. THE CITY OF NEW YORK, Defendant-Respondent.

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

Decided February 13, 2024.

Attorney(s) appearing for the Case

Westerman Sheehy Samann & Gillespie, LLP, East Meadow ( David Westermann, Jr. of counsel), for appellant.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Kate Fletcher of counsel), for respondent.

Before: Webber, J.P., Singh, Kennedy, Scarpulla, Rosado, JJ.

Order, Supreme Court, New York County (Andrea Masley, J.), entered on or about July 8, 2022, which denied plaintiff's motion for summary judgment as to liability, unanimously affirmed, without costs.

In October 2010 plaintiff and defendant City of New York, through the New York City Department of Sanitation (City), executed a $195 million contract for plaintiff to construct a garage. During the construction project numerous change orders (COs) were issued, and the...

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