D. GANGI CONTR. CORP. v. CITY OF NEW YORK

2018-02885. Index No. 150177/15.

186 A.D.3d 450 (2020)

126 N.Y.S.3d 384

2020 NY Slip Op 04378

D. Gangi Contracting Corp., Respondent, v. City of New York et al., Appellants.

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

Decided August 5, 2020.


Ordered that the order dated January 11, 2018, is reversed insofar as appealed from, on the law, with costs, the determination in the order dated June 23, 2017, denying the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint is vacated, and the defendants' motion pursuant to CPLR 3211(a) to dismiss the complaint is granted.

The plaintiff commenced this action, inter alia, to recover damages for breach of...

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