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FCI GROUP, INC. v. CITY OF NEW YORK

54 A.D.3d 171 (2008)

862 N.Y.S.2d 352

FCI GROUP, INC., Respondent, v. CITY OF NEW YORK et al., Appellants.

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

July 22, 2008.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Elizabeth I. Freedman, Francis F. Caputo and Susan Smollens of counsel), for appellants.

Sol Kodsi, New York City, for respondent.

BUCKLEY, SWEENY and MOSKOWITZ, JJ., concur.

OPINION OF THE COURT

TOM, J.P.

In this action for the balance due under a construction contract, defendants City of New York and the Department of Citywide Administrative Services (DCAS) contend that plaintiff forfeited its right to further payment by engaging in unlawful conduct, specifically, the attempted bribery of two city employees, while plaintiff contends that public policy bars defendants from effecting...

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