METRO. LIFE v. NOBLE


192 A.D.2d 83 (1993)

Metropolitan Life Insurance Company, Respondent, v. Noble Lowndes International, Inc., Appellant

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

June 17, 1993


Attorney(s) appearing for the Case

Peter Brown of counsel (Catherine M. McGrath, John J. Lynch and Robert R. Kiesel with him on the brief; Brown Raysman & Millstein, attorneys), for appellant.

Nancy I. Mayer for respondent.

SULLIVAN, J. P., WALLACH and KUPFERMAN, JJ., concur.


RUBIN, J.

At issue in this litigation is the application of a limitation of damages clause which precludes recovery of "loss of profit, loss of business, or other financial loss" except where occasioned by "intentional misrepresentations, or damages arising out of [defendant's] willful acts or gross negligence". The jury returned a verdict, finding that defendant breached its contract to develop and install,...

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