| NY | Apr 28, 1987

OPINION OF THE COURT

Order affirmed, with costs. We agree with the reasoning of the Appellate Division that while certain of the alleged conduct may, as we have held (see, Goodstein Constr. Corp. v City of New York, 67 NY2d 990) give rise to a breach of contract action, such allegations do not simultaneously provide a clear legal right to article 78 relief.

Concur: Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa. Taking no part: Chief Judge Wachtler and Judge Alexander.

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