TROCOM CONSTRUCTION CORP. v. CITY OF NEW YORK

8966, 650148/12.

171 A.D.3d 532 (2019)

95 N.Y.S.3d 811

2019 NY Slip Op 02816

Trocom Construction Corp., Appellant v. City of New York, Defendant, and Consolidated Edison Company of New York, Inc., Respondent.

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

Decided April 11, 2019.


As the motion court found, the construction contract between plaintiff and defendant City broadly precludes delay damages; the exception is delay damages associated with defendant Con Ed's failure to timely provide Specialty Contractors. In opposition to Con Ed's motion, plaintiff submitted evidence sufficient to raise an issue of fact whether the delays outlined in claims 4, 5 and 16 of the 48 claims in its bill of particulars are attributable to the unavailability of Con...

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