Gene Hock Excavating, Inc. v. Town of Hamburg

Order unanimously affirmed without costs. Memorandum: Plaintiff, the successful bidder on a highway construction project in defendant town, commenced this action to recover, inter alia, additional compensation for work required to stabilize a portion of the subsurface. The need for such work was unforeseen by plaintiff when it bid on the project. Supreme Court properly granted defendant’s motion for partial summary judgment dismissing that part of plaintiff’s complaint that sought damages for undercutting the subbase (see, Costanza Constr. Corp. v City of Rochester, 147 AD2d 929, appeal…