Hoyecki v. City of New York

Order, Supreme Court, New York County (Alvin F. Klein, J.), entered May 28, 1985, which, inter alia, granted defendant’s motion for partial summary judgment and dismissed the third, fourth and fifth causes of action, unanimously modified, on the law, to the extent of limiting the dismissal of said causes of action to damages allegedly incurred prior to August 22, 1978, and, except as thus modified, affirmed, without costs or disbursements.

Plaintiff, an experienced contractor, on six occasions and at a time when it was in default under a construction contract with the city for failure to…