Slattery Associates, Inc. v. City of New York

Order, Supreme Court, New York County (G. B. Smith, J.), entered November 24, 1982, denying defendant’s motion for summary judgment dismissing action No. 2, is unanimously reversed, on the law, without costs, and summary judgment is granted to the city dismissing said' action No. 2. Plaintiff’s brief explicitly says that the action is for breach of contract. (A tort claim would apparently be barred for failure to file a timely notice of claim under section 50-e of the General Municipal Law.) Plaintiff and defendant city entered into a construction contract whereby plaintiff agreed to do…