Sound Beyond Electrical Corp. v. City of New York

*413Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered March 7, 2011, which granted defendants’ motion to dismiss pursuant to CPLR 3211 (a) (1) and (7), unanimously affirmed, without costs.

We have previously stated — in a case involving the same contract provision as in the instant case — “The construction contract entered into between plaintiff and the City unambiguously precluded plaintiff from commencing a plenary action for damages upon a determination by the City that plaintiff had defaulted under the contract. Plaintiff’s remedy was to commence a CPLR article 78…