VISCONTI CORPORATION v. LABARGE BROTHERS COMPANY, INC.


272 A.D.2d 948 (2000)

707 N.Y.S.2d 566

VISCONTI CORPORATION, Respondent, v. LABARGE BROTHERS COMPANY, INC., et al., Appellants.

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

Decided May 10, 2000.


Order unanimously reversed on the law without costs, motion granted and amended complaint dismissed.

Memorandum:

Supreme Court erred in denying defendants' motion for summary judgment dismissing the amended complaint. Plaintiff subcontractor commenced this action seeking damages for delays allegedly caused by defendant LaBarge Brothers Company, Inc. (LaBarge), the general contractor. The subcontract bars plaintiff from seeking damages for those delays, and...

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