Tufano Contracting Corp. v. Port of New York Authority

This is a motion by plaintiff for partial summary judgment on its first cause of action for $65,774.65, which sum represents the balance conceded by defendant to be due and owing for work performed pursuant to contract. Upon judgment plaintiff also seeks to sever the first cause of action without prejudice to the remaining 14 causes of action.

In opposition to the motion, defendant asserts that: “ Judgment for plaintiff on its first cause of action could be given at this time only by ignoring the plain provisions of the contract in suit to the effect that acceptance by plaintiff of a final…