CITY OF NEW YORK v. EASTERN SHIPBUILDING GROUP, INC.

6831, 452725/14.

162 A.D.3d 469 (2018)

79 N.Y.S.3d 162

2018 NY Slip Op 04113

City of New York, Respondent, v. Eastern Shipbuilding Group, Inc., et al., Defendants, and Robert Allan Ltd., Appellant.

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

Decided June 7, 2018.


In support of dismissing the breach of contract claim, defendant established prima facie that the defects in the fireboats it designed and constructed for plaintiff (the City) did not cause the City to sustain any damages. It submitted testimony by the fire department's director of grants admitting that the City paid 100% of the fireboat repair costs using federal grant money. In opposition, the City demonstrated that its use of...

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