Murnane Associates, Inc. v. Harrison Garage Parking Corp.

—Judgment unanimously affirmed without costs. Memorandum: On a prior appeal, we held that defendant City of Syracuse (City) breached its contractual duty to retain 5% of the progress payments it made to defendant Harrison Garage Parking Corp. and that plaintiff was a third-party beneficiary of that contractual duty (Murnane Assocs. v Harrison Garage Parking Corp., 239 AD2d 882, 882-883). We now conclude that Supreme Court properly granted plaintiff’s motion for summary judgment against the City in the amount of $674,368.15, with 6% interest from October 1, 1992. Plaintiff met its initial…