Opinion
Argued March 16, 1987
Decided April 28, 1987
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Stanley S. Ostrau, J.
Charles G. Moerdler, Edward Tessler, Elizabeth A. Mullins and Elizabeth A. Sherwin for appellant.
Peter L. Zimroth, Corporation Counsel (June A. Witterschein, Leonard Koerner, Jeffrey Schanback and Steven Anderson of counsel), for respondents.
Order affirmed, with costs. We agree with the reasoning of the Appellate Division that while certain of the alleged conduct may, as we have held (see, Goodstein Constr. Corp. v City of New York, 67 N.Y.2d 990) give rise to a breach of contract action, such allegations do not simultaneously provide a clear legal right to article 78 relief.
Concur: Judges SIMONS, KAYE, TITONE, HANCOCK, JR., and BELLACOSA. Taking no part: Chief Judge WACHTLER and Judge ALEXANDER.