MATTER OF GOODSTEIN CONSTR. CORP., DIC-UNDERHILL INDUS. v. GLIEDMAN


69 N.Y.2d 930 (1987)

In the Matter of Goodstein Construction Corp., Dic-Underhill Industries and Milstein Properties, a Joint Venture, Appellant, v. Anthony Gliedman, as Commissioner of the New York City Department of Housing Preservation and Development, et al., Respondents.

Court of Appeals of the State of New York.

Decided April 28, 1987.


Attorney(s) appearing for the Case

Charles G. Moerdler, Edward Tessler, Elizabeth A. Mullins and Elizabeth A. Sherwin for appellant.

Peter L. Zimroth, Corporation Counsel (June A. Witterschein, Leonard Koerner, Jeffrey Schanback and Steven Anderson of counsel), for respondents.

Concur: Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Chief Judge WACHTLER and Judge ALEXANDER.


Order affirmed, with costs. We agree with the reasoning of the Appellate Division that while certain of the alleged conduct may, as we have held (see, Goodstein Constr. Corp. v City of New York, 67 N.Y.2d 990) give rise to a breach of contract action, such allegations do not simultaneously provide a clear legal right to article...

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