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ABLE BREAKING CORP. v. CONSOL. EDISON CO. OF NEW YORK

116 A.D.2d 544 (1986)

Able Breaking Corp., Appellant, v. Consolidated Edison Company of New York, Respondent

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

January 13, 1986

Order affirmed, insofar as appealed from, with costs.

Plaintiff's fifth cause of action to recover damages for breach of contract was properly dismissed. Plaintiff contractor bid for and was awarded a contract by Consolidated Edison Company of New York (Con Edison). After plaintiff's bid was submitted, a representative of Con Edison allegedly stated at a "pre-award" meeting that there would be a maximum of 12 around-the-clock jobs under the contract. The terms of...

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