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PUTRELO CONSTR. CO. v. TOWN OF MARCY

151 CA 15-01244.

137 A.D.3d 1591 (2016)

27 N.Y.S.3d 760

2016 NY Slip Op 01949

PUTRELO CONSTRUCTION COMPANY, Appellant, v. TOWN OF MARCY, Respondent/Third-Party Plaintiff. BONACCI ARCHITECTS, PLLC, Successor in Interest to FULIGNI-FRAGOLA ARCHITECTS, PLLC, Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided March 18, 2016.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting plaintiff's motion, and by denying those parts of the cross motions seeking to dismiss the first cause of action to the extent it seeks payment for change orders No. 12 and No. 17 and reinstating the complaint to that extent, and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action...

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