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In the Matter of GOODSTEIN CONSTRUCTION CORP., DIC-UNDERHILL INDUSTRIES and MILSTEIN PROPERTIES, a Joint Venture, Appellant, v. ANTHONY GLIEDMAN, as Commissioner of the New York City Department of Housing Preser

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.

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MATTER OF GOODSTEIN CONSTRUCTION CORP. v. GLIEDMAN
(Apr 28, 1987)