Marson Construction Corp. v. MTA New York City Transit

In a proceeding pursuant to CPLR article 78 to review a determination of the Chief Engineer of the respondent, MTA New York City Transit, dated January 16, 1997, which determined that the respondent was entitled to deduct the profit, overhead, and bond costs associated with a negotiated credit on work that the respondent deleted from a construction contract with the petitioner Marson Construction Corporation, the petitioners appeal from so much of an order and judgment (one paper) of the Supreme Court, Kings County (Dowd, J.), dated June 17, 1998, as granted the respondent’s cross motion for…