GORDON ENVIRONMENTAL & MECHANICAL CORP. v. NEW YORK CITY HOUSING AUTHORITY


17 A.D.3d 211 (2005)

793 N.Y.S.2d 33

GORDON ENVIRONMENTAL & MECHANICAL CORP., Appellant-Respondent, v. NEW YORK CITY HOUSING AUTHORITY, Respondent-Appellant.

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

April 19, 2005.


Plaintiff is the subcontractor for the removal and replacement of four underground oil storage tanks in connection with the comprehensive modernization of one of defendant's housing facilities. The parties disagree over plaintiff's compensation for pumping groundwater from the fuel tank excavation sites and discharging that water into the New York City sewer system. Plaintiff alleges that defendant is indebted to it "for its dewatering...

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