City of Buffalo v. J. W. Clement Co.

Motion for reargument and for other relief denied in all respects. Insofar as the agreement relied upon by the defendant on this motion is concerned our determination made it clear that although the agreement was not before the court it was on the basis that even though such an agreement was in existence defendant was not entitled to legal fees. (See House of Representatives Rep. No. 1656, 91 Cong., 1st Sess., § 304 [1970].) Present—Marsh, P. J., Moule, Simons and Del Vecchio, JJ.