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WDF, INC. v. THE TRUSTEES OF COLUMBIA UNIV. IN THE CITY OF N.Y.

8729N, 651250/16.

170 A.D.3d 518 (2019)

96 N.Y.S.3d 42

2019 NY Slip Op 01850

WDF, Inc., Appellant, v. The Trustees of Columbia University in the City of New York et al., Respondents.

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

Decided March 14, 2019.

Plaintiff, an HVAC subcontractor hired to perform work on a construction project on Columbia University's Manhattanville campus, filed a complaint alleging, inter alia, that defendants delayed the project causing them damages. To defeat an enforceable no delay damages clause in the subcontract, plaintiff made conclusory allegations to try to apply one of the exceptions set forth in Corinno Civetta Constr. Corp. v City of New York (67 N.Y.2d 297

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