LASKER-GOLDMAN CORP. v. CITY OF NEW YORK


221 A.D.2d 153 (1995)

633 N.Y.S.2d 771

Lasker-Goldman Corp., Appellant, v. City of New York, Respondent

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

November 2, 1995


The IAS Court, in dismissing the complaint, properly determined that the recovery of quantum meruit damages by plaintiff, as general contractor on the City construction project, was barred by the valid express written agreement between the parties. Plaintiff neither established that the contract was lawfully rescinded by a material and willful breach by the City, so substantial and fundamental as to strongly tend to defeat the object of the parties in making the contract...

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