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  5. 50 N.Y.2d 835 (1980)
 

MATTER OF T.P.K. CONSTR. CORP. v. O'SHEA

50 N.Y.2d 835 (1980)

In the Matter of T.P.K. Construction Corp., Appellant, v. James C. O'Shea, as Commissioner of the Office of General Services of the State of New York, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 29, 1980.

Attorney(s) appearing for the Case

Steven Rubin for appellant.

Robert Abrams, Attorney-General (Richard J. Dorsey and Shirley Adelson Siegel of counsel), for respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs. From our review of the record, we cannot say that the commissioner was compelled to find that the appellant's low estimate was a result of a failure to consider the need for waterproofing as opposed to a mere lack of skill in projecting costs. In any event, especially in view of the conspicuous absence...

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