Corinno Civetta Construction Corp. v. City of New York

— Order, Supreme Court, Bronx County (Fusco, J.), entered December 19, 1983, denying defendant city’s motion for partial summary judgment dismissing plaintiff’s third cause of action, reversed, on the law, with costs and disbursements, and the motion granted.

*611The issue presented on this appeal is whether plaintiff’s allegations of damages sustained as a result of construction delays caused by the city set forth a sustainable cause of action in light of the ruling by the Court of Appeals in Kalisch-Jarcho, Inc. v City of New York (58 NY2d 377). We hold that they do not.

In September, 1979,…