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METROPOLITAN STEEL INDUSTRIES, INC. v. PERINI CORP.

55 A.D.3d 228 (2008)

863 N.Y.S.2d 657

METROPOLITAN STEEL INDUSTRIES, INC., Doing Business as STEELCO, Appellant, v. PERINI CORPORATION et al., Respondents. (And a Third-Party Action.)

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

September 9, 2008.

Attorney(s) appearing for the Case

Milber Makris Plousadis & Seiden, LLP, White Plains (Leonardo D'Alessandro, Mark Seiden and Thomas H. Kukowski of counsel), for appellant.

Peckar & Abramson, P.C., New York City (Stephen A. Stallings and Richard L. Abramson of counsel), for respondents.

SAXE, J.P., and NARDELLI, J., concur with BUCKLEY, J.; CATTERSON, J., dissents in a separate opinion.

OPINION OF THE COURT

BUCKLEY, J.

At issue on this appeal is one work order, denominated X-32A, arising out of a construction project, and the applicability of the law of the case doctrine. Defendant Perini Corporation (Perini), the prime contractor on the project, hired plaintiff Metropolitan Steel Industries, Inc. (Steelco) as a subcontractor. Both the prime contract and the subcontract contained a no-damage-for-delay clause, which precluded Steelco from...

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