BENJAMIN PARTNERS, LLC, v. 583-587 BROADWAY CONDOMINIUM


34 A.D.3d 311 (2006)

824 N.Y.S.2d 631

BENJAMIN PARTNERS, LLC, Appellant, v. 583-587 BROADWAY CONDOMINIUM, Respondent.

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

Decided November 16, 2006.


There are questions of fact as to whether plaintiff restricted access to defendant's building, thereby breaching the agreement and causing delay in performance of the work. Accordingly, Supreme Court properly denied plaintiff's motion for summary judgment on the issue of liability on its first cause of action seeking liquidated damages.

Supreme Court erred, however, in denying that aspect of the motion which, in essence, sought a declaration that the liquidated damages...

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