Joseph A. Lee Construction Co. v. City of New York

OPINION OF THE COURT

Bentley Kassal, J.

The one question to be resolved on the defendant’s motion for partial summary judgment and the plaintiff’s cross motion for the same relief is: Are the provisions of chapters 944 and 945 of the Laws of 1974 mandatory or discretionary?

Both parties agree as to the facts.

DISCUSSION

Chapters 944 and 945 pertain to adjustments of certain public contracts by reason of the energy crisis and the consequent "substantial inequity upon contractors” (L 1974, ch 944). Plaintiff’s position is that these chapters are mandatory and, of course, the city’s position is that…