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OMNI CONTR. CO., INC. v. NEW YORK CITY HOUS. AUTH.

9844. 601200/09.

174 A.D.3d 447 (2019)

102 N.Y.S.3d 426

2019 NY Slip Op 05500

Omni Contracting Company, Inc., Appellant, v. New York City Housing Authority, Respondent.

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

Decided July 9, 2019.

Defendant established prima facie that it was fraudulently induced to award plaintiff the construction contract at issue by submitting evidence that it reviewed plaintiff's bid submissions through the Vendors Information Exchange System (VENDEX) and that those submissions failed to disclose two prior investigations by the Department of Labor. In opposition, plaintiff failed to raise an issue of fact (see Omni Contr. Co., Inc. v City of New York, 84...

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