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EARTHBANK v. CITY OF NEW YORK

145 Misc.2d 937 (1989)

Earthbank Co., Inc., Plaintiff, v. City of New York, Defendant.

Supreme Court, New York County.

March 15, 1989

Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel, for defendant. Ross & Cohen for plaintiff.

EDWARD H. LEHNER, J.

Defendant moves to dismiss the complaint pursuant to CPLR 3212.

The principle issues in this case are whether the additional work performed by the contractor entitles it to payment of an amount exceeding the contract unit price, and whether an exculpatory clause barring delay damages is enforceable in view of the city's failure to secure a required permit from the State in order...

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