Canstar v. J.A. Jones Construction Co.

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered October 8, 1993, which, inter alia, dismissed defendant and third-party plaintiff’s first counterclaim for breach of contract to the extent it sought damages in excess of $1,000 per day, dismissed its second counterclaim for fraudulent inducement/misrepresentation and dismissed its fifth counterclaim for breach of implied covenant of good faith and fair dealing, unanimously affirmed, with costs.

*453The parties’ contract unambiguously provides that the amount of damages available for delay is limited to $1,000 per day (see,…