UTICA, NY – A State Supreme Court judge has dismissed two of the claims against Oneida County by the developers of the stalled Nexus Center project in Utica – but the case isn’t over yet.
In a written decison dated November 24, Justice Patrick MacRae ordered Heuber-Breuer Construction’s claim of breach of contract against Oneida County dismissed with prejudice, and the company’s claim of fraud against the county dismissed without prejudice. That means the fraud claim cannot be refiled.
The judge says the fraud claim was dismissed because the plaintiff failed to comply with state law regarding how and when the claim can be filed.
Court documents also indicate Heuber-Breuer voluntarily agreed to withdraw the breach of contract claim and refile it in accordance with the judge’s decision.
Hueber-Breuer is seeking $10 million in damages from the Oneida County and Upper Mohawk Valley Memorial Auditorium Authority, saying the county represented to the Aud Authority that a $49 million fund was established to pay for the project - to induce a contractor into completing the work - and that that representation wasn't true at the time.
Construction work on the Nexus Center project was halted in late May of 2020.
