Abiele Contracting v. New York City School Constr. Auth

In Abiele Contracting v. New York City School Constr. Auth. (91 NY2d 1, 689 N.E.2d 864, 666 N.Y.S.2d 970 [1997]), the plaintiff was a general contractor that had entered into a contract with the New York City School Construction Authority to renovate certain buildings. There were conflicts between the general contractor and the City over the City's failure to give it notice and opportunity to cure based on a specific contract requirement, and over costs and payments. It was seeking the balance of the contract price, monies for extra work and additional work, and was claiming that the City interfered with its performance. The Court found that because the general contractor was seeking recovery for the breach of specific express terms of the contract, and the contract terms clearly and explicitly contemplated the general contractor's right to seek money damages, its claims could be pursued in a plenary action (Abiele Contr. v. New York City School Constr. Auth., 91 NY2d at 8.)