Legal Opinion
Kalisch-Jarcho, Inc. v. City of New York
New York Court of Appeals
Decided March 29, 1983PublishedCited by 222 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
The pivotal point on this appeal is whether, under the facts and circumstances of this action for breach of a construction contract, it was reversible error, in the face of a “no-damage-for-delay” exculpatory clause, for the trial court to refuse to charge that the contractor could not recover for delays allegedly caused by the contractee, the City of New York, unless these were actuated by bad faith and deliberate intent. The exculpatory clause, article 13 of the contract, reads as follows: “The Contractor agrees to make no claim for damages for delay in the…
2Cases cited21 opinions
- Gross v. SweetNew York Court of Appeals · 1979
- Van Valkenburgh, Nooger & Neville, Inc. v. Hayden Publishing Co.New York Court of Appeals · 1972
- Ciofalo v. Vic Tanney Gyms, Inc.New York Court of Appeals · 1961
- Foulke v. New York Consolidated RailroadNew York Court of Appeals · 1920
- Kulak v. Nationwide Mutual InsuranceNew York Court of Appeals · 1976
16 more not listed; retrieve them via the Exa API.
3Cited by222 opinions
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- Cruz v. FXDirectDealer, LLCCourt of Appeals for the Second Circuit · 2013
- Corinno Civetta Construction Corp. v. City of New YorkNew York Court of Appeals · 1986
- Metropolitan Life Insurance v. Noble Lowndes International, Inc.New York Court of Appeals · 1994
- Cifarelli v. Village of BabylonCourt of Appeals for the Second Circuit · 1996
217 more not listed; retrieve them via the Exa API.