Jana-Rock Construction, Inc. v. New York State Department of Transportation

—Peters, J.

Appeal from a judgment of the Supreme Court (Keegan, J.), entered August 19, 1998 in Albany County, which, in a proceeding pursuant to CPLR article 78, granted respondent’s motion to dismiss the petition on the ground that it was barred by a general release.

Following competitive bidding, petitioner was awarded the contract for the rehabilitation of a bridge over the Thruway in Oneida County and completed the work on December 27, 1995.* When a dispute arose regarding nonpayment, petitioner invoked an administrative dispute mechanism and was informed, by letter dated July 17, 1996,…