Great Lakes Dredge & Dock Co. v. Wagner

Order unanimously affirmed, without costs. Memorandum: Petitioner contractors and joint venturers sought payment from the respondent City of Rochester on a completed construction project by an article 78 proceeding to mandamus the City Comptroller to pay the balance alleged to be due it under the contract. Respondent’s motion to dismiss the petition under CPLR 7804 (subd. [f]) was granted at Special Term. Mandamus relief is generally inappropriate where a plenary action is available to recover damages for breach of contract. Each case must depend on the sound exercise of the court’s…