Opinion
February 16, 1989
Appeal from the Supreme Court, New York County (Helen E. Freedman, J.).
In affirming the determination of the IAS court, it should be pointed out that it is the Board of Estimate's determination under the contract between the parties of "non-compliance" and "default", which triggered the assignment to the surety companies, that is confirmed, and there is no determination that the contract was "terminated" or "canceled", which leaves the petitioner-appellant to whatever remedies it may have with respect to its sureties, as to which we take no position.
Concur — Kupferman, J.P., Ross, Asch, Kassal and Smith, JJ.