Clifton Steel Corp. v. County of Monroe Public Works Department

— Order unanimously reversed, on the law, without costs, and motion denied. Memorandum: During the course of a bench trial in which plaintiff sought judgment to foreclose a mechanic’s lien on a public improvement project and for damages, codefendants Robert F. Hyland & Sons, Inc. and Aetna Casualty and Surety Company moved for partial summary judgment on the cross claims of defendant Morin Building Products Company, Inc., pursuant to CPLR 4401, on the ground that Morin’s claim for delay damages was barred by a certain release executed by Morin. The court held that Morin had waived its claim…