Gray v. Met Contracting Corp.

Plaintiffs appeal from an order denying a motion for summary judgment pursuant to rule 113 of the Buies of Civil Practice. The action is one for breach of a contract wherein the corporate defendant, as a subcontractor, agreed to perform certain work for plaintiffs who, in turn, had undertaken to construct a public school in The Bronx. In a second cause of action, plaintiffs seek to hold the individual defendants liable on their personal guarantee of the corporate defendant’s performance of the subcontract.

One of the provisions of the contract in suit provides that plaintiffs may, at any time,…