Herman H. Schwartz, Inc. v. City of New York

In an action, inter alia, to recover damages for breach of a construction contract, defendant appeals from so much of an order of the Supreme Court, Queens County (Lerner, J.), dated September 8,1982, as denied its motion for summary judgment dismissing all of plaintiff’s claims against it on the ground waiver. % Order reversed, insofar as appealed from, on the law, with costs, motion for summary judgment granted and complaint dismissed. 11 On December 7, 1982, the plaintiff Herman H. Schwartz, Inc., and the defendant City of New York entered into a written contract which provided, inter…