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MERRITT CONSTR., INC. v. TOWN OF KENT

2017-01152. Index No. 944/15.

164 A.D.3d 490 (2018)

83 N.Y.S.3d 251

2018 NY Slip Op 05584

Merritt Construction, Inc., Respondent, v. Town of Kent, Appellant.

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

Decided August 1, 2018.

Ordered that the judgment is affirmed, with costs.

The plaintiff and the defendant, the Town of Kent, entered into a contract dated September 12, 2013, for the construction of a sewer. By summons and verified complaint dated May 18, 2015, the plaintiff commenced this action, alleging that the Town failed to pay the plaintiff for extra work it performed that was necessary to the performance of the contract and approved by the Town's agent. The plaintiff moved for summary...

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