Tug Hill Construction, Inc. v. County of Broome

—Cardona, P. J.

Appeal from an order of the Supreme Court (Rose, J.), entered June 3, 1999 in Broome County, which granted defendants’ motion for summary judgment dismissing the complaint.

In connection with the closure of the Colesville Landfill located in the Town of Colesville, Broome County, defendants solicited bids from contractors to cap the landfill by covering it with specified soils and protective barriers. The capping, which included construction of a wetland mitigation area to further filter water runoff, was to be performed in accordance with requirements set forth in a “Final…