Metropolitan Steel Industries, Inc. v. Tully Construction Co.

Order, Supreme Court, New York County (Herman Cahn, J.), entered March 20, 2008, which, in an action for delay damages by a subcontractor against the project’s general contractor, and a third-party action by the general contractor against the site owner for its own delay damages and for indemnification of plaintiffs claims as well of the claims of “other subcontractors . . . [which] have demanded or will demand damages by reason of delays,” denied plaintiffs motion to vacate a prior order staying the action pending completion of the project, unanimously reversed, on the facts, without costs,…