Nunziato v. City of White Plains

Action for breach of contract under which the plaintiff furnished to the defendant, The City of White Plains, certain foods delivered to recipients of relief during a specified period. Order denying defendant’s motion, under Civil Practice Rule 107, to dismiss the complaint on the ground that plaintiff had obtained an audit of his claim, which audit was res judicata of the claim sued upon, affirmed, with ten dollars costs and disbursements. Where a city is involved, a contractor’s remedy for non-payment on a municipal contract is by mandamus order where the non-payment arises as a consequence…