A.F.C. Enterprises, Inc. v. New York City Transit Authority

Judgment, Supreme Court, New York County (Joan A. Madden, J.), entered August 7, 2009, vacating respondent’s determination, dated August 31, 2007, which denied petitioner’s application for additional payment under the parties’ contract, and remanding the matter for further proceedings, unanimously affirmed, without costs.

The determination of respondent’s chief engineer (CE) denying petitioner’s claim for additional compensation for disposing of an amount of petroleum-contaminated soil in excess of the contract amount was made without sound basis in reason and in disregard of the facts (see…