Legal Opinion
Cal-Tran Associates, Inc. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided September 20, 2007PublishedCited by 3 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Marilyn Shafer, J.), entered May 22, 2006, which, to the extent appealed from, granted defendant City of New York’s motion to dismiss the complaint as against it, unanimously affirmed, without costs.
The court properly dismissed the complaint as against the City. The construction contract entered into between plaintiff and the City unambiguously precluded plaintiff from commencing a plenary action for damages upon a determination by the City that plaintiff had defaulted under the contract. Plaintiff s remedy was to commence a CPLR article 78 proceeding…
2Cases cited3 opinions
- Westinghouse Electric Corp. v. New York City Transit AuthorityNew York Court of Appeals · 1993
- Excel Group, Inc. v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2006
- Laquila Construction, Inc. v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by3 opinions
- Colonial Sur. Co. v. New York City Hous. Auth.Appellate Division of the Supreme Court of the State of New York · 2020
- Sound Beyond Electrical Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Sound Beyond Electrical Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012