CAB ASSOCIATES v. CITY OF NEW YORK


32 A.D.3d 229 (2006)

820 N.Y.S.2d 21

CAB ASSOCIATES, Respondent, v. CITY OF NEW YORK et al., Appellants.

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

August 3, 2006.


Defendants contend that plaintiff's claim for delay damages accrued when the work to be performed under the contract was substantially completed and that this action is untimely because it was commenced more than six years after such time. Plaintiff argues that it claimed the disputed delay damages in connection with an application to extend the time to complete performance under the contract and that defendants never determined such claim. Thus, it asserts, the contractual...

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