Soviero Bros. Contracting Corp. v. City of New York

I agree with the statement in the majority opinion that the contractor did not rescind, but proceeded with the contract under protest, and also agree with the majority view that the contractor had the right to affirm the contract by performance and later claim damages resulting from misrepresentations.

The majority holds, however, that an action for damages based on those misrepresentations is barred by the one-year limitation of action clause contained in the contract. That clause refers only to an action arising out of the contract. The majority holding therefore would seem to require a…