Legal Opinion · Concurrence
Goodstein Construction Corp. v. Gliedman
Appellate Division of the Supreme Court of the State of New York
Decided May 6, 1986Published
1Concurrence
Fein, J. (concurring).
I concur that there is no basis for a trial and that the petition should be dismissed. This court has previously held, in an action brought by these petitioners against the City for breach of contract on the basis of essentially the same allegations as set forth in this CPLR article 78 proceeding, that a cause of action for damages was stated in that complaint, and that a motion to dismiss for legal insufficiency was properly denied (Goodstein Constr. Corp. v City of New York, 111 AD2d 49). It was there concluded (p 51): "The designation agreements obligated both parties…
2Cases cited21 opinions
- Conduit & Foundation Corp. v. Metropolitan Transportation AuthorityNew York Court of Appeals · 1985
- Town of Huntington v. Park Shore Country Day Camp of Dix Hills, Inc.New York Court of Appeals · 1979
- Phalen v. Theatrical Protective Union No. 1New York Court of Appeals · 1968
- Coalition Against Lincoln West, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
- Kayfield Construction Corp. v. MorrisAppellate Division of the Supreme Court of the State of New York · 1962
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