FEDERATED FIRE PROTECTION SYS. CORP. v. 56 LEONARD ST., LLC

8598, 651209/16.

170 A.D.3d 432 (2019)

93 N.Y.S.3d 558

2019 NY Slip Op 01538

Federated Fire Protection Systems Corp., Respondent, v. 56 Leonard Street, LLC, et al., Defendants, and Lend Lease (US) Construction LMB Inc., Appellant.

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

Decided March 5, 2019.


Lend Lease's core argument as to the wrongful termination claim, that there can be no scenario under which its termination of Federated would be "wrongful," is belied by the plain language of the Trade Contract itself. Paragraph 6.6 expressly contemplates the possibility that termination could be deemed wrongful and sets out the consequences of such determination, namely, that the termination is governed by article 20 rather than article 6 (see also Minelli Constr. Co...

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