
    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 Preservation and Development, et al., Respondents.
    Argued March 16, 1987;
    decided April 28, 1987
    
      APPEARANCES OF COUNSEL
    
      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.
   OPINION OF THE COURT

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 NY2d 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.  