Zazzarino Construction Corp. v. City of New York

Order, Supreme Court, New York County, entered April 11, 1978, which denied that part of defendant’s motion which sought to dismiss the second and third causes of action, unanimously, reversed, on the law and the facts and defendant’s motion to dismiss those causes granted, without prejudice to repleading for a claim in the amount of $138,630, without costs or disbursements. The plaintiff construction company entered into a contract with the defendant City of New York for soil consolidation work on certain streets in Co-Op City in The Bronx. Because the work could not be completed by the date…