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PETER SCALAMANDRE & SONS, INC. v. VILL. DOCK, INC.

187 A.D.2d 496 (1992)

Peter Scalamandre & Sons, Inc., Respondent, v. Village Dock, Inc., Appellant

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

November 9, 1992

Ordered that the order and judgment is affirmed, with costs.

A contractor wrongfully delayed by its employer must establish the extent to which its costs were increased by the improper conduct, and its recovery will be limited to damages actually sustained (Berley Indus. v City of New York, 45 N.Y.2d 683, 687). When it is clear that some injury has occurred, recovery will not necessarily be denied to a plaintiff because the...

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