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KALISCH-JARCHO v. CITY OF NY

58 N.Y.2d 377 (1983)

Kalisch-Jarcho, Inc., Respondent, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided March 29, 1983.

Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Jr., Corporation Counsel (James P. Griffin and Leonard Koerner of counsel), for appellant.

David E. Montgomery and Gary L. Rubin for respondent.

Judges JASEN, MEYER and SIMONS concur with Judge FUCHSBERG; Judge WACHTLER dissents and votes to affirm in a separate opinion in which Chief Judge COOKE and Judge JONES concur.

FUCHSBERG, J.

The pivotal point on this appeal is whether, under the facts and circumstances of this action for breach of a construction contract, it was reversible error, in the face of a "no-damage-for-delay" exculpatory clause, for the trial court to refuse to charge that the contractor could not recover for delays allegedly caused by the contractee, the City of New York, unless these were actuated by bad...

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