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SOVIERO BROS. CONTR. CORP. v. CITY OF NEW YORK

286 A.D. 435 (1955)

Soviero Bros. Contracting Corp., Respondent, v. City of New York, Appellant

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

June 28, 1955.

Attorney(s) appearing for the Case

Anthony Curreri of counsel (Seymour B. Quel with him on the brief; Peter Campbell Brown, Corporation Counsel, attorney), for appellant.

Nelson Rosenbaum for respondent.

CALLAHAN, J. P., BASTOW and BOTEIN, JJ., concur with BREITEL, J.; RABIN, J., dissents in opinion.

BREITEL, J.

Plaintiff is a contractor who undertook in written agreements with the City of New York to construct two sewers at separate locations and to make the necessary excavations. It sues for damages based on misrepresentations in the city's specifications as to the site of one of the sewer excavations and the physical condition of the subsurface area of the other. The city sets up as an affirmative defense...

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