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TUTOR PERINI CORP. v. NEW YORK CITY DEPT. OF TRANSP.

Index No. 654759/20, Appeal No. 16140, Case No. 2022-00132.

206 A.D.3d 505 (2022)

168 N.Y.S.3d 316

2022 NY Slip Op 03981

Tutor Perini Corporation, Appellant, v. New York City Department of Transportation et al., Respondents.

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

Decided June 16, 2022.

Attorney(s) appearing for the Case

Hinckley, Allen & Snyder LLP, Albany (James J. Barriere of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Lorenzo Di Silvio of counsel), for respondents.

Concur—Acosta, P.J., Kapnick, Friedman, Mendez, Higgitt, JJ.

Plaintiff is collaterally estopped from relitigating its contention that its claims sought damages for extra work and not for costs that were incurred because of delays in the work (see Parker v Blauvelt Volunteer Fire Co., 93 N.Y.2d 343, 349 [1999]). Plaintiff made essentially the same argument in an earlier proceeding commenced under CPLR article 78, in which it argued that its claims were for extra work because the construction...

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