Legal Opinion
McNamee Construction Corp. v. City of New Rochelle
Appellate Division of the Supreme Court of the State of New York
Decided March 24, 2009PublishedCited by 3 opinions
1Opinion of the Court
In an action to recover damages for breach of a construction contract, the defendant City of New Rochelle appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered May 2, 2007, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
*919Ordered that the order is reversed, on the law, with costs, and the motion of the defendant City of New Rochelle for summary judgment dismissing the complaint insofar as asserted against it is granted.
“A clause which exculpates a contractee from liability to a contractor for damages…
2Cases cited5 opinions
- Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
- Corinno Civetta Construction Corp. v. City of New YorkNew York Court of Appeals · 1986
- Blau Mechanical Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1990
- Coney Island Exhaust, Inc. v. Adriana Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1997
- Visconti Corp. v. LaBarge Bros.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by3 opinions
- Travelers Casualty & Surety Co. v. Dormitory Authority-StateDistrict Court, S.D. New York · 2010
- NASDI LLc v. Skanska Koch Inc. Kiewit Infrastructure Co. (JV)District Court, S.D. New York · 2020
- WEYDMAN ELECTRIC, INC. v. JOINT SCHOOLS CONSTRUCTION BOARDAppellate Division of the Supreme Court of the State of New York · 2016