Visconti Corp. v. LaBarge Bros.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously reversed on the law without costs, motion granted and amended complaint dismissed. Memorandum: Supreme Court erred in denying defendants’ motion for summary judgment dismissing the amended complaint. Plaintiff subcontractor commenced this action seeking damages for delays allegedly caused by defendant LaBarge Brothers Company, Inc. (LaBarge), the general contractor. The subcontract bars plaintiff from seeking damages for those delays, and thus we reject plaintiff’s contention that such delays were not contemplated by the parties when they entered into the subcontract (see,…
2Cases cited4 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Corinno Civetta Construction Corp. v. City of New YorkNew York Court of Appeals · 1986
- Buckley & Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1986
- Gemma Construction Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by2 opinions
- Travelers Casualty & Surety Co. v. Dormitory Authority-StateDistrict Court, S.D. New York · 2010
- McNamee Construction Corp. v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 2009