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DINALLO CONSTRUCTION CORPORATION v. PHOENIX RMA CONSTRUCTION SERVICES, LLC

652491/17. Appeal No. 13480-13480A. Case No. 2020-02904.

193 A.D.3d 407 (2021)

146 N.Y.S.3d 104

2021 NY Slip Op 02061

Dinallo Construction Corporation, Respondent, v. Phoenix RMA Construction Services, LLC, Defendant/Counterclaim Plaintiff-Appellant, et al., Defendant. Liberty Mutual Insurance Company, Counterclaim Defendant-Respondent.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

Kaufman Dolowich & Voluck, LLP, Woodbury ( Andrew G. Kao of counsel), for appellant.

Peckar & Abramson, P.C., New York ( Alan Winkler of counsel), for respondents.

Concur—Acosta, P.J., Kapnick, Webber, Kennedy, JJ.

Plaintiff established via its agreement with defendant Phoenix that the delays for which Phoenix seeks damages were contemplated by the parties at the time that they entered into the agreement and that therefore the claim was precluded by the agreement's broad no-damages-for-delay provision (see LoDuca Assoc., Inc. v PMS Constr. Mgt. Corp., 91 A.D.3d 485 [1st Dept 2012]; Five Star Elec. Corp. v Trustees of Columbia Univ.,...

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