UNICORN CONSTRUCTION ENTERPRISES, INC. v. CITY OF NEW YORK

7624. 162714/15.

166 A.D.3d 479 (2018)

89 N.Y.S.3d 41

2018 NY Slip Op 07928

Unicorn Construction Enterprises, Inc., Appellant, v. City of New York, Respondent.

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

Decided November 20, 2018.


Plaintiff Unicorn Construction Company contracted with defendant City of New York in 2007 to rehabilitate 12 City bridges. The complaint contains causes of action for breach of contract and quantum meruit.

As an initial matter, the court properly considered documentary evidence submitted by the City on its motion to dismiss pursuant to CPLR 3211 (a) (7), including the municipal contract, certificates of substantial completion, and extension requests, and correctly...

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