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

651209/16. Appeal No. 12285. Case No. 2019-5927.

188 A.D.3d 414 (2020)

131 N.Y.S.3d 860

2020 NY Slip Op 06348

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

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

Decided November 5, 2020.

The parties' contract contained a no-damages-for-delay provision. Such provisions are valid and serve to bar claims for delay damages unless a party can successfully invoke one of the exceptions set forth in Corinno Civetta Constr. Corp. v City of New York (67 N.Y.2d 297, 309 [1986]). Plaintiffs seeking to invoke one of the Corinno Civetta exceptions face a "heavy burden" (LoDuca Assoc., Inc. v PMS Constr. Mgt. Corp.,<...

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