Marcellus Construction Co. v. Village of Broadalbin
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Appeal from an order of the Supreme Court (Sise, J.), entered December 13, 2001 in Fulton County, which partially denied a motion by defendant McDonald Engineering, P.C. for summary judgment dismissing the complaint against it.
In July 1994, defendant McDonald Engineering, P.C. was retained by defendant Village of Broadalbin to provide planning, design and construction phase engineering services for a sewage collection system in the Village. Pursuant to its contract, McDonald prepared the bid documents that included information on subsurface conditions. As the low bidder, plaintiff was awarded…
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