Corinno Civetta Construction Corp., Appellant,
v.
City of New York, Respondent.
Andrew Catapano Co., Inc., and Naclerio Contracting Co., Inc., a Joint Venture, Appellant,
v.
City of New York, Respondent.
Honeywell, Inc., Appellant-Respondent,
v.
City of New York, Respondent-Appellant.
Nab-Tern Constructors, Appellant,
v.
City of New York (Yankee Stadium), Respondent. (And Two Third-Party Actions.)
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued March 17, 1986.
Decided May 6, 1986.
Attorney(s) appearing for the Case
Lester M. A. Gulitz, Michael S. Torre and Jonah C. Grill for appellant in the first above-entitled action.
Frederick A. O. Schwarz, Jr., Corporation Counsel (James P. Griffin and John F. Grubin of counsel), for respondent in the first above-entitled action.
Tony Berman, Domenick L. Gabrielli, Robert G. Benisch and William G. Eggers for appellant in the second above-entitled action.
Frederick A. O. Schwarz, Jr., Corporation Counsel (John F. Grubin, Allen E. Burns and Helene Fromm of counsel), for respondent in the second above-entitled action.
Julius L. Schapira, Louis Cantor, Jerome Reiss, Morris Dershowitz and Kalvin Kamien for appellant-respondent in the third above-entitled action.
Frederick A. O. Schwarz, Jr., Corporation Counsel (John F. Grubin, Allen E. Burns and Emily Pines of counsel) for respondent-appellant in the third above-entitled action.
George P. Felleman and Mitchell Weitz for County of Suffolk, amicus curiae, in the first, second and third above-entitled actions.
Eli Saul Cohn and Franklin E. Tretter for appellant in the fourth above-entitled action.
Frederick A. O. Schwarz, Jr., Corporation Counsel (James P. Griffin and John F. Grubin of counsel), for respondent in the fourth above-entitled action.
Chief Judge WACHTLER and Judges MEYER, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.
Court of Appeals of the State of New York.
SIMONS, J.
In Kalisch-Jarcho, Inc. v City of New York (58 N.Y.2d 377), we reaffirmed the rule that contract clauses barring a contractor from recovering damages for delay in the performance of a contract are valid, that they will prevent recovery of damages resulting from a broad range of reasonable and unreasonable conduct by the contractee if the conduct was contemplated...
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