NORTH STAR CONTRACTING CORP. & TERN STAR, INC. v. CITY OF NEW YORK


203 A.D.2d 214 (1994)

611 N.Y.S.2d 11

North Star Contracting Corp. and Tern Star, Inc., a Joint Venture, Appellant, v. City of New York, Respondent

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

April 28, 1994


The IAS Court properly determined that the underlying action, seeking, inter alia, to recover alleged delay damages arising from a DOT construction project for the rehabilitation of Slips 2 and 3 at the Whitehall Ferry Terminal in New York solely on a quantum meruit basis, was precluded by the terms of the parties' construction contract which specifically governed the subject matter of their dispute (Clark-Fitzpatrick, Inc. v Long Is. R. R. Co.,

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