Legal Opinion

Grace Industries, Inc. v. New York Department of Transportation

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

Decided October 11, 2005PublishedCited by 8 opinions

1Opinion of the Court

Orders, Supreme Court, New York County (Herman Cahn, J.), entered July 22, 2004 and July 23, 2004, which denied plaintiffs motion for partial summary judgment and granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

With the exception of the seventh, eighth and ninth causes of action, plaintiffs claims essentially seek damages attributable to delays in the acquisition of the property necessary to conduct Phase II of the construction contract. Article 13 (h) of the contract, however, precluded claims for damages caused by such delays.…

2Cases cited6 opinions

  1. Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
  2. John J. Kassner & Co. v. City of New YorkNew York Court of Appeals · 1979
  3. Corinno Civetta Construction Corp. v. City of New YorkNew York Court of Appeals · 1986
  4. Phillips Construction Co. v. City of New YorkNew York Court of Appeals · 1984
  5. Buckley & Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1986

1 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Travelers Casualty & Surety Co. v. Dormitory Authority-StateDistrict Court, S.D. New York · 2010
  2. Blue Water Environmental, Inc. v. Incorporated Village of BayvilleAppellate Division of the Supreme Court of the State of New York · 2007
  3. 166 Archer Avenue Co. v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2009
  4. Delidakis Construction Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2006
  5. RAD & D'Aprile Inc. v. Arnell Construction Corp.New York Supreme Court · 2015

3 more not listed; retrieve them via the Exa API.

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