Andrew Catapano Co. v. City of New York

OPINION OF THE COURT

Betty W. Ellerin, J.

Defendant City of New York moves, pursuant to CPLR 3212, for summary judgment dismissing the complaint. Plaintiffs cross-move for partial summary judgment on their second cause of action in which they seek additional costs alleged to have been incurred as a result of unforeseen and unanticipated subsurface conditions encountered in the excavation of the South Branch Intercepting Sewer project.

*164The city contends that plaintiffs are not entitled to compensation in excess of the unit price specified in the contract because the contractor bid on the basis of…