Legal Opinion

American Standard, Inc. v. New York City Transit Authority

Appellate Division of the Supreme Court of the State of New York

Decided October 5, 1987PublishedCited by 8 opinions

1Opinion of the Court

In an action to recover damages for breach of contract, the defendants appeal from so much of an order of the Supreme Court, Kings County (Hutcherson, J.), dated *596February 28, 1986, as denied their motion for partial summary judgment dismissing the third cause of action of the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

A contractor may enter into an agreement with a subcontractor to liquidate any liability that it might have to the latter for delay damages caused by the owner in the amount which could be recovered in a lawsuit brought in the contractor’s…

2Cases cited5 opinions

  1. Mars Associates, Inc. v. New York City Educational Construction FundAppellate Division of the Supreme Court of the State of New York · 1987
  2. Lambert Houses Redevelopment Co. v. HRH Equity Corp.Appellate Division of the Supreme Court of the State of New York · 1986
  3. Ardsley Construction Co. v. Port of New York AuthorityAppellate Division of the Supreme Court of the State of New York · 1978
  4. Risucci v. HomayoonAppellate Division of the Supreme Court of the State of New York · 1986
  5. Lavine v. LavineAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by8 opinions

  1. Morse/diesel, Inc. v. Trinity Industries, Inc. Mosher Steel Company, and Aetna Insurance CompanyCourt of Appeals for the Second Circuit · 1995
  2. Morse/Diesel, Inc. v. Trinity Industries, Inc.District Court, S.D. New York · 1994
  3. Schiavone Construction Co. v. Triborough Bridge & Tunnel AuthorityAppellate Division of the Supreme Court of the State of New York · 1994
  4. KSW Mechanical Services v. Johnson Controls, Inc.District Court, E.D. New York · 2014
  5. North Moore Street Developers, LLC v. Meltzer/Mandl Architects, P.C.Appellate Division of the Supreme Court of the State of New York · 2005

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