Permis Construction Corp. v. New York City Housing Authority

Order and judgment (one paper), Supreme Court, New York County (Lottie Wilkins, J.), entered March 26, 2003, in this action for breach of contract, which, to the extent appealed from as limited by the briefs, dismissed the complaint as against defendant-respondent New York City Housing Authority, unanimously affirmed, without costs.

Plaintiffs-appellants’ contention that the contractor was entitled under the terms of the contract to utilize horizontal *195built-up scaffolding instead of hanging scaffolding is unavailing, since the record demonstrates that the contractor, despite having ample time…