Unanimously reversed, on the law and the facts and in the exercise of discretion, with costs, and plaintiff's motions denied in their entirety.
The setoff and counterclaim of defendants alleging breach of contract by plaintiff and seeking damages because of plaintiff's misrepresentations, padding of costs and overbilling sets forth a cause of action in contract, and not, as plaintiff claims, a cause of action for fraud or an accounting. As Special Term recognized...
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