FEDERATED FIRE PROTECTION SYS., CORP. v. EXTELL W. 57TH ST., LLC

Index No. 655715/2016. Appeal No. 11872. Case No. 2019-1866.

186 A.D.3d 1152 (2020)

129 N.Y.S.3d 328

2020 NY Slip Op 05134

Federated Fire Protection Systems, Corp., Appellant, v. Extell West 57th Street, LLC, et al., Respondents.

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

Decided September 29, 2020.


Plaintiff's allegations that defendants provided only two of the three hoists required by their contract are insufficient to support the claim that defendants breached a fundamental obligation of the contract for which plaintiff may recover delay damages despite the no-damages-for-delay clause (see Corinno Civetta Constr. Corp. v City of New York, 67 N.Y.2d 297, 309, 313 [1986]; compare Aurora Contrs., Inc. v West Babylon Pub...

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