Cayuga Construction Corp. v. City of New York

The defendant moves to dismiss the complaint on the ground that plaintiff released the city when it accepted "final payment” under the contract.

There are three causes of action in this complaint. The first involves a balance due under the contract of $58,239.69 which was paid by the "final payment”. The third cause of action is no longer in dispute; the second and remaining claim is for delay and modifications seeking damages of $65,045.18. Movant contends that acceptance and deposit of a warrant dated May 30, 1972 for $58,239.69 and on its face marked "FINAL PAYMT” is a complete release of…