Phoenix Contracting Corp. v. New York City Health & Hospitals Corp.

Judgment, Supreme Court, New York City (Robert H. Wagner, J.), entered November 29, 1984, which, after a nonjury trial, granted plaintiff judgment of $11,903.93 on its first cause of action and *478$31,166 on its second cause of action and dismissed defendant’s counterclaim, unanimously modified, on the law, to reverse the judgment entered on the second cause of action and dismiss that cause, and otherwise affirmed, without costs.

Plaintiff contractor brought this action for breach of the contract to construct 14 isolation rooms at defendant’s Coney Island Hospital. The second cause of action, as…