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CAL-TRAN ASSOCIATES, INC. v. CITY OF NEW YORK

43 A.D.3d 727 (2007)

841 N.Y.S.2d 445

CAL-TRAN ASSOCIATES, INC., Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided September 20, 2007.

The court properly dismissed the complaint as against the City. The construction contract entered into between plaintiff and the City unambiguously precluded plaintiff from commencing a plenary action for damages upon a determination by the City that plaintiff had defaulted under the contract. Plaintiff's remedy was to commence a CPLR article 78 proceeding challenging the determination of default, which it failed to do. Plaintiff's termination of the contract prior to the...

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