Advanced Automatic Sprinkler Co., Inc. v. Seaboard Sur. Co.

Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered December 5, 2014, which granted defendant’s motion for summary judgment dismissing the cause of action for delay damages, unanimously affirmed, with costs.

Plaintiff presented no evidence that any material delay in the construction project was attributable to the nonparty prime contractor for whose benefit defendant issued a payment bond (see Triangle Sheet Metal Works v Merritt & Co., 79 NY2d 801 [1991]).

In any event, the subcontract contains a “no damages for delay” clause, and plaintiff failed to meet its heavy burden of…