Legal Opinion
T.J.D. Construction Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided June 13, 2002PublishedCited by 7 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Charles Ramos, J.), entered March 2, 2001, which, in an action for delay damages by a contractor against defendant City, granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiffs argument that the delay caused by defendant’s testing and correction of equipment design defects was not contemplated, and that the contract’s no-damages-for-delay clause therefore does not apply, is refuted by contract provisions that, as correctly construed by the IAS court, called for the work to be done in two…
2Cases cited3 opinions
- Corinno Civetta Construction Corp. v. City of New YorkNew York Court of Appeals · 1986
- S.N. Tannor, Inc. v. A.F.C. Enterprises, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Phoenix Contracting Corp. v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 1986
3Cited by7 opinions
- Travelers Casualty & Surety Co. v. Dormitory Authority-StateDistrict Court, S.D. New York · 2010
- LoDuca Associates, Inc. v. PMS Construction Management Corp.Appellate Division of the Supreme Court of the State of New York · 2012
- Plato General Construction Corp./EMCO Tech Construction Corp. JV, LLC v. Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
- Blue Water Environmental, Inc. v. Incorporated Village of BayvilleAppellate Division of the Supreme Court of the State of New York · 2007
- Tougher Industries, Inc. v. Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 2015
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