R.P. Brennan Gen. Contrs. & Bldrs., Inc. v CPS 1 Realty, LP

R.P. Brennan Gen. Contrs. & Bldrs., Inc. v CPS 1 Realty, LP 2009 NY Slip Op 05273 [63 AD3d 619] June 25, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 5, 2009

R.P. Brennan General Contractors & Builders, Inc., Respondent,
v
CPS 1 Realty, LP, Appellant.

—[*1] Westermann Sheehy Keenan, Samaan & Aydelott LLP, Garden City (Stephen J. Gillespie of counsel), for appellant.

Order, Supreme Court, New York County (Barbara R. Kapnick, J.), entered on or about December 18, 2008, which, inter alia, directed a hearing to determine whether plaintiff contractor had substantially completed its work, and order, same court and Justice, entered November 24, 2008, which, to the extent appealable, clarified that issues to be determined at the hearing would include the amount of retainage, if any, that should be released, unanimously reversed, on the law, without costs, and the direction for a hearing vacated.

The gravamen of the relief sought was the payment of damages, rendering specific performance an inappropriate remedy (see Sokoloff v Harriman Estates Dev. Corp., 96 NY2d 409, 415 [2001]). Concur—Mazzarelli, J.P., Andrias, Nardelli, DeGrasse and Abdus-Salaam, JJ.