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MATTER OF ASSOCIATED GEN. CONTRS. OF NYS, LLC v. NEW YORK STATE OF THRUWAY AUTH.

331 CA 17-01818.

159 A.D.3d 1560 (2018)

70 N.Y.S.3d 421

2018 NY Slip Op 02075

In the Matter of ASSOCIATED GENERAL CONTRACTORS OF NYS, LLC, et al., Appellants, v. NEW YORK STATE THRUWAY AUTHORITY et al., Respondents.

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

Decided March 23, 2018.

It is hereby ordered that the judgment insofar as appealed from is unanimously reversed in the exercise of discretion without costs and the petition/complaint is reinstated.

Memorandum: In this hybrid CPLR article 78 proceeding and declaratory judgment action, petitioners-plaintiffs (petitioners) appeal from a judgment in which Supreme Court, inter alia, sua sponte dismissed the petition/complaint (petition). We agree with petitioners that the court improvidently...

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