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HAUER CONSTR. CO., INC. v. CITY OF NEW YORK

276 A.D. 841 (1949)

Hauer Construction Co., Inc., Respondent, v. City of New York, Appellant

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

December 20, 1949.

Determination, so far as appealed from, affirmed, with costs to the respondent.

Under all the facts and the circumstances disclosed in this record, including the city's failure to comply with section 343-6.0 of the Administrative Code of the City of New York, and the long ensuing delay thereafter, the city should have given plaintiff notice of the filing when the certificate finally was filed.

Shientag, J., dissents and votes to reverse and affirm...

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