Ordered that the order is reversed, on the law, with costs, and the defendant's motion, in effect, pursuant to CPLR 3211(a) to dismiss the complaint is denied.
The plaintiff commenced this action to recover damages for delays in a school construction contract, alleging that the defendant created unanticipated and unforeseen disruptions to the plaintiff's work, causing the plaintiff to incur substantial additional costs. The defendant made a pre-answer motion, in effect...
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