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DELIDAKIS CONSTR. CO. v. NYC

9 Misc.3d 517 (2005)

802 N.Y.S.2d 316

DELIDAKIS CONSTRUCTION CO., INC., Plaintiff, v. CITY OF NEW YORK, Defendant.

Supreme Court, New York County.

August 1, 2005.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel, New York City (Rose L. Davidson and Lawrence B. Spielberg of counsel), for defendant.

Mastropietro & Associates, LLC, New York City (Manny A. Frade of counsel), for plaintiff.

OPINION OF THE COURT

KARLA MOSKOWITZ, J.

In this dispute over delays at a municipal construction site, defendant City of New York moves, pursuant to CPLR 3211 (a) (1), (2), (5) and (7), to dismiss the fourth and fifth causes of action of plaintiff contractor's complaint on the ground that the claims are time-barred. In addition, the City argues that the fourth cause of action is based on the equitable doctrine of quantum meruit and, therefore, requires dismissal...

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