1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 91 A.D.3d
  5. 91 A.D.3d 485 (2012)
 

LoDUCA ASSOCIATES, INC. v. PMS CONSTRUCTION MANAGEMENT CORP.

6534, 602673/09, 6534A

91 A.D.3d 485 (2012)

936 N.Y.S.2d 192

2012 NY Slip Op 121

LoDUCA ASSOCIATES, INC., Appellant, v. PMS CONSTRUCTION MANAGEMENT CORP., Respondent, et al., Defendants.

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

Decided January 12, 2012.

Plaintiffs seeking to invoke one of the exceptions to the enforceability of a "no damages for delay" clause face a "heavy burden" (see Dart Mech. Corp. v City of New York, 68 A.D.3d 664, 664 [2009]). Possible causes for delay specifically mentioned in the contract are, by definition, "contemplated" (see Corinno Civetta Constr. Corp. v City of New York, 67 N.Y.2d 297, 309-310 [1986]; Universal...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases