GALS, INC. v. GEMMA CONSTRUCTION COMPANY, INC.


11 A.D.3d 411 (2004)

784 N.Y.S.2d 51

GALS, INC., Appellant, v. GEMMA CONSTRUCTION COMPANY, INC., et al., Defendants, and AMERICAN HOME ASSURANCE COMPANY et al., Respondents.

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

October 28, 2004.


Plaintiff's claim for delay damages is based on the five-month period it was bound to remain on "standby," furnishing materials, equipment and manpower to the site, while a stop work order issued by the prime contractor was in effect. This claim was properly dismissed as precluded by the release that plaintiff thereafter gave defendant "for labor, materials and/or equipment supplied to the Project prior to the date of this Assignment and Release, except for Releasor's claim...

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