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BLAU MECH. CORP. v. CITY OF NEW YORK

158 A.D.2d 373 (1990)

Blau Mechanical Corp., Respondent, v. City of New York, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

February 20, 1990

The issue in this appeal is whether the contractual delays for which plaintiff-respondent seeks monetary damages were contemplated by the parties when they entered into their agreement. Contrary to the finding of Supreme Court, we conclude that the delays complained of herein were contemplated by the parties.

The Court of Appeals has reaffirmed the rule that a contract clause barring damages for delay in the performance...

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