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F.W. SIMS, INC. v. T. MORIARTY & SON, INC.

265 A.D.2d 234 (1999)

696 N.Y.S.2d 453

F.W. SIMS, INC., Appellant, v. T. MORIARTY & SON, INC., et al., Respondents, et al., Defendants.

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

Decided October 21, 1999.

We agree with the trial court that "total cost" method of calculating construction delay damages (see, Fehlhaber Corp. & Horn Constr. Co. v State of New York, 69 A.D.2d 362, 368) was inapplicable under the particular circumstances of this case, and that plaintiff did not otherwise sufficiently prove delay-caused labor costs by non-speculative evidence (see, Mid-State Precast Sys...

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