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ABAX INCORPORATED v. NEW YORK CITY HOUSING AUTHORITY

282 A.D.2d 372 (2001)

723 N.Y.S.2d 490

ABAX INCORPORATED, Appellant, v. NEW YORK CITY HOUSING AUTHORITY et al., Respondents.

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

Decided April 24, 2001.

The motion court dismissed plaintiff's claims for delay damages on the basis of the exculpatory clause contained in section 16 (b) of the General Conditions of the Trade Contract entered into between plaintiff Abax Incorporated and defendant Lehrer McGovern Bovis, Inc. for demolition and lead paint and asbestos removal work on the Gowanus Housing modernization project, and denied plaintiff's request for permission to amend its complaint to replead. While clauses in construction...

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