Mars Associates, Inc. v. City of New York

OPINION OF THE COURT

Memorandum.

The judgment appealed from and-the order of the Appellate Division brought up for review should be affirmed, with costs, for the reasons stated in that court’s memorandum.

In addition, we note that the circumstances of the waiver demonstrate as a matter of law that it was designed to cover the claim upon which plaintiff now sues. Plaintiff is a sophisticated contractor, and in withstanding the motion for summary judgment it did not show that the instant claim for delay damages was covered by the exceptions from the blanket waiver. Those exceptions covered…