Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.
In this action, the plaintiff seeks to recover the balance allegedly due pursuant to a construction subcontract between the parties, and to recover damages for the defendant's failure to prosecute a pass-through claim for delay damages against the City of New York pursuant to a liquidating agreement between the parties.
The Supreme Court incorrectly...
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