68 A.D.2d 881 | N.Y. App. Div. | 1979
In an action, inter alia, to recover damages for breach of a construction contract, plaintiff appeals (by permission), as limited by its brief, from so much of an order of the Appellate Term of the Supreme Court for the Second and Eleventh Judicial Districts, dated April 18, 1978, as affirmed that portion of a judgment of the Civil Court of the City of New York, Kings County, dated September 16, 1977, which dismissed the breach of contract cause of action. Order Of the Appellate Term reversed insofar as appealed from, and judgment of the Civil Court reversed insofar as it dismissed the breach of contract cause of action, on the law, and new trial granted as to the breach of contract cause of action, with costs to abide the event. The basic facts, as established on the plaintiff’s direct case, are not disputed. Plaintiff and defendant were parties to a contract, whereby plaintiff was to perform construction work "to remove Health Dept, violations at Public School 42 (District 2) Borough of