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SEA CREST CONSTRUCTION CORP. v. CITY OF NEW YORK

286 A.D.2d 652 (2001)

730 N.Y.S.2d 332

SEA CREST CONSTRUCTION CORP., Plaintiff, v. CITY OF NEW YORK et al., Respondents. (And a Third-Party Action.) (Action No. 1.) LA SALA MASON CORP., Respondent-Appellant, v. SEA CREST CONSTRUCTION CORP. et al., Appellants-Respondents. (Action No. 2.)

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

Decided September 27, 2001.

In these consolidated actions arising from the performance of a public improvement contract, in which the masonry subcontractor seeks to recover from its prime contractor damages for delays allegedly incurred during the course of its performance, the motion court correctly determined that there are triable issues of fact with respect to the cause and nature of the claimed delays. Generally, "absent a contractual commitment to the contrary, a prime contractor is not responsible...

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