In this action brought by plaintiff subcontractor, J.J. Flannery, Inc., for breach of a sheet metal subcontract, Kerby, a heating ventilation and air conditioning contractor, argues that plaintiff's papers in opposition to its partial summary judgment motion failed to raise a triable issue of fact. The subcontract includes a "no damage for delay" clause, and the complaint's fourth and fifth causes of action seek damages and quantum meruit relief, respectively, as a...
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