Legal Opinion

Blau Mechanical Corp. v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided February 20, 1990PublishedCited by 11 opinions

1Opinion of the Court

*374The issue in this appeal is whether the contractual delays for which plaintiff-respondent seeks monetary damages were contemplated by the parties when they entered into their agreement. Contrary to the finding of Supreme Court, we conclude that the delays complained of herein were contemplated by the parties.

The Court of Appeals has reaffirmed the rule that a contract clause barring damages for delay in the performance of the contract is valid and "will prevent recovery of damages resulting from a broad range of reasonable and unreasonable conduct” if the conduct was contemplated by the…

2Cases cited4 opinions

  1. Kalisch-Jarcho, Inc. v. City of New YorkNew York Court of Appeals · 1983
  2. Corinno Civetta Construction Corp. v. City of New YorkNew York Court of Appeals · 1986
  3. Buckley & Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1986
  4. Slattery Associates, Inc. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by11 opinions

  1. Travelers Casualty & Surety Co. v. Dormitory Authority-StateDistrict Court, S.D. New York · 2010
  2. Plato General Construction Corp./EMCO Tech Construction Corp. JV, LLC v. Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
  3. Eldor Contracting Corp. v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2000
  4. Law Co., Inc. v. Mohawk Const. & Supply Co.District Court, D. Kansas · 2010
  5. Manshul Construction Corp. v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1990

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