Jaffie Contracting Co. v. Board of Education

OPINION OF THE COURT

Silverman, J.

This is an appeal from an order of the Supreme Court, Special Term, denying defendant’s motion for partial summary judgment relating to damages for alleged precommencement breach.

The action is on a public construction contract. As is quite common in such actions, the complaint (here the first amended complaint) contains three causes of action; the *164first for balance due under the contract, the second for extra work under change or proceed orders for which there was no agreed price, and the third for damages for delay. We are concerned here only with the third…