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SKANSKA USA BUILDING INC. v. ATLANTIC YARDS B2 OWNER, LLC

No. 38.

31 N.Y.3d 1002 (2018)

98 N.E.3d 720

74 N.Y.S.3d 805

2018 NY Slip Op 02828

SKANSKA USA BUILDING INC., Appellant, v. ATLANTIC YARDS B2 OWNER, LLC, et al., Respondents, et al., Defendants.

Court of Appeals of New York.

Decided April 26, 2018.

Attorney(s) appearing for the Case

Peckar & Abramson, P.C., New York City ( Bruce D. Meller and Peter E. Moran of counsel), for appellant.

Kramer Levin Naftalis & Frankel LLP, New York City ( Harold P. Weinberger and Natan M. Hamerman of counsel), and Troutman Sanders LLP, New York City ( Aaron Abraham , Kevin P. Wallace and Stephen G. Rinehart of counsel), for respondents.

Couch White, LLP, Albany ( Joel M. Howard, III , Jennifer Kavney Harvey and Desiree S. Murnane of counsel), for Associated General Contractors of New York State, LLC, amicus curiae.

Skadden, Arps, Slate, Meagher & Flom LLP, New York City ( Jonathan Frank and Jeffrey Geier of counsel), Helene Fromm , Acting General Counsel, Metropolitan Transportation Authority, New York City, and Michael Cusack , General Counsel, Dormitory Authority of the State of New York, Albany, for New York State Urban Development Corporation and others, amici curiae.

Chief Judge DiFIORE and Judges RIVERA, STEIN, FAHEY, WILSON and FEINMAN concur; Judge GARCIA taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be affirmed, with costs, and the certified question answered in the affirmative. We conclude that the courts below properly dismissed plaintiff Skanska USA Building Inc.'s claim that defendant Atlantic Yards B2 Owner, LLC (B2 Owner) breached the Construction Management and Fabrication Services Agreement (the CM Agreement) by allegedly failing to comply...

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