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BRADY & CO. v. CITY OF NY

84 A.D.2d 113 (1982)

John T. Brady & Company, Respondent, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 5, 1982

Attorney(s) appearing for the Case

David Drueding of counsel (Carolyn E. Demarest and Leonard Koerner with him on the brief; Allen G. Schwartz, Corporation Counsel, attorney), for appellant.

Jerrold Morgulas of counsel (Stanley J. Siegelbaum with him on the brief; M. Carl Levine, Morgulas & Foreman, attorneys), for respondent.

BIRNS, J. P. SANDLER, MARKEWICH and BLOOM, JJ., concur.

FEIN, J.

On September 5, 1975 plaintiff commenced this action against the city to recover in excess of $3,000,000 in additional costs allegedly incurred as a result of defendant's breach of a contract for the construction of a pollution control project.

On May 25, 1976 the city served its answer denying liability and asserting five affirmative defenses. The answer was accompanied by an extensive set of interrogatories. Plaintiff's responses were...

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