Whitler Contracting Co. v. New York City Housing Authority

Order, Supreme Court, New York County, entered May 16, 1976, denying defendant’s motion for an order dismissing the action for failure to commence it within the period prescribed in the contract between the parties is unanimously modified, on the law and the facts, and in the exercise of discretion, to direct a prior separate trial of the issue of timeliness of commencement of this action, before trial, if any, of the merits, and, as so modified, affirmed, without costs and without disbursements. In this action under a construction contract with New York City Housing Authority, defendant had…