DART MECHANICAL CORP. v. CITY OF NEW YORK

1882, 116018/06

68 A.D.3d 664 (2009)

2009 NY Slip Op 9703

891 N.Y.S.2d 76

DART MECHANICAL CORP., Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided December 29, 2009.


Plaintiff failed to meet its heavy burden of establishing that the 32-month delay in the construction project falls within an exception to the rule that a "no damages for delay" clause in a construction contract such as the instant contract will be enforced (see Corinno Civetta Constr. Corp. v City of New York, 67 N.Y.2d 297 [1986]; Kalisch-Jarcho, Inc. v City of New York, 58 N.Y.2d 377...

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