In Abiele Contr. v. New York City Sch. Constr. Auth., 91 N.Y.2d 1, 689 N.E.2d 864, 666 N.Y.S.2d 970 [1997], the Court of Appeals established a framework to determine whether a CPLR Article 78 proceeding or plenary action is appropriate as follows: When the damage allegedly sustained arises from a breach of contract by a public Official or governmental body, then the claim must be resolved through the application of traditional rules of contract law. On the other hand, when a petitioner asserts that determination of a governmental body or public official is in 'violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion' and seeks nullification of the same, then an article 78 proceeding is the appropriate vehicle through which the claim may be addressed. (Id. at 8.)