Ben Strauss Industries, Inc. v. City of New York

Order, Supreme Court, New York County (White, J.), entered February 5, 1982 denying motion and cross motion for summary judgment, is modified, on the law, to the extent that defendant’s motion for summary judgment dismissing the complaint is granted, and the complaint is dismissed, and the order is otherwise affirmed, without costs. As to the Eastern Boulevard Bridge, the error on the site plan was a patent error. From the specifications and inspection there can have been no doubt that the bridge to be painted was the Eastern Boulevard Bridge over the Bronx River and not the highway overpass…