Joseph F. Egan, Inc. v. City of New York

Eager, J. (dissenting in part).

I concur in dismissal of the third cause of action to recover damages for delay, but solely upon the ground that, as a matter of law, the plaintiff failed to establish economic duress wrongfully inducing and supporting the avoidance of its written waiver of such damages.

I dissent, however, as to the reversal of the jury verdict upon the cause of action for engineering services. Under the court’s charge to the jury, not excepted to, the jury was entitled to find that these services were in the nature of extra work ordered by the city’s chief engineer on the job,…