Legal Opinion
Delidakis Construction Co. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided May 18, 2006Published
1Opinion of the Court
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about August 10, 2005, which dismissed the fourth and fifth causes of action on the ground that plaintiff failed to commence the action prior to the expiration of the limitations period set forth in the parties’ contract, unanimously affirmed, without costs.
Plaintiff s claims arose under the agreement as well as the contract, and are time-barred in accordance with the unambiguous limitations clause in article 53 of the agreement (see Grace Indus., Inc. v New York City Dept. of Transp., 22 AD3d 262 [2005] , lv denied 6…
2Cases cited7 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- People v. KanNew York Court of Appeals · 1991
- Matter of MasonNew York Court of Appeals · 2003
- Grace Industries, Inc. v. New York Department of TransportationAppellate Division of the Supreme Court of the State of New York · 2005
- Acme Builders, Inc. v. Facilities Development Corp.New York Court of Appeals · 1980
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