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GRACIANO CORPORATION v. LANMARK GROUP, INC.

11193. 652750/14.

184 A.D.3d 435 (2020)

125 N.Y.S.3d 98

2020 NY Slip Op 03266

Graciano Corporation, Appellant-Respondent, v. Lanmark Group, Inc., et al., Respondents-Appellants. Lanmark Group, Inc., Third-Party Plaintiff-Respondent-Appellant, v. Liberty Mutual Insurance Company, Third-Party Defendant-Respondent.

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

Decided June 11, 2020.

The court properly denied defendant Lanmark Group, Inc.'s (Lanmark) motion for summary judgment on its counterclaim for breach of contract. In this regard, the court correctly found that issues of fact exist as to whether Lanmark's issuance of Addendum No. 3 "breach[ed] ... a fundamental obligation of the contract," relieving plaintiff from the effect of the no damages for delay clause (Corinno Civetta Constr. Corp. v City of New York, 67 N.Y.2d 297...

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