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MINELLI CONSTRUCTION CO., INC. v. WDF INC.

16398, 105989/11.

134 A.D.3d 508 (2015)

20 N.Y.S.3d 530

2015 NY Slip Op 09205

MINELLI CONSTRUCTION CO., INC., Appellant, v. WDF INC. et al., Respondents, et al., Defendant.

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

Decided December 15, 2015.

The termination for convenience clause set forth in article 28 of the parties' subcontract is enforceable, without regard to WDF's good faith, or lack thereof, in invoking it (see Watermelons Plus, Inc. v New York City Dept. of Educ., 76 A.D.3d 973, 974 [2d Dept 2010]; Triton Partners v Prudential Sec., 301 A.D.2d 411, 411 [1st Dept 2003]; Big Apple Car v City of New York,

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