Perini Corp. v City of New York (Department of Envtl. Protection)
2005 NY Slip Op 00630
Decided on February 3, 2005
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on February 3, 2005
Buckley, P.J., Marlow, Ellerin, Catterson, JJ.
4878

[*1]Perini Corporation, Plaintiff-Appellant,

v

The City of New York (Department of Environmental Protection), Defendant-Respondent.





Law Offices of Melvin J. Kalish, Mineola (Melvin J. Kalish of
counsel), for appellant.
Michael A. Cardozo, Corporation Counsel, New York
(Elizabeth S. Natrella of counsel), for respondent.

Order, Supreme Court, New York County (Michael D. Stallman, J.), entered September 16, 2003, reversed, on the law, without costs, the motion for summary judgment dismissing the complaint denied, and the complaint reinstated.

Opinion by Marlow, J. All concur.

Order filed.