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MINELLI CONSTR. CO., INC. v. NEW YORK CITY SCH. CONSTR. AUTH.

2015-11047. Index No. 28844/09.

167 A.D.3d 593 (2018)

87 N.Y.S.3d 482

2018 NY Slip Op 08290

Minelli Construction Co., Inc., Respondent, v. New York City School Construction Authority, Appellant.

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

Decided December 5, 2018.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for breach of contract. Following commencement of the action, the Supreme Court referred the matter to a referee to hear and report. After a hearing, the referee issued a report and recommended that the court find that the defendant breached its contract with the plaintiff. Thereafter, the plaintiff moved pursuant to CPLR 4403 to confirm the report, and the defendant...

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