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LAM PLATT ST. HOTEL LLC v. GOLDEN PEARL CONSTR. LLC

Index No. 650981/17. Appeal No. 14587. Case No. 2018-5999.

199 A.D.3d 459 (2021)

154 N.Y.S.3d 232

2021 NY Slip Op 06086

Lam Platt Street Hotel LLC, Appellant, v. Golden Pearl Construction LLC et al., Respondents, et al., Defendant.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

Zetlin & De Chiara LLP, New York ( James H. Rowland of counsel), for appellant.

Rich, Intelisano & Katz, LLP, New York ( Robert J. Howard of counsel), for Golden Pearl Construction LLC, respondent.

Dreifuss Bonacci & Parker, PC, New York ( Joanne M. Bonacci of counsel), for CNY Group LLC, Kenneth M. Colao, Steven Colao and Harry Gross, respondents.

Concur—Renwick, J.P., Singh, Kennedy, Rodriguez, Pitt, JJ.

The claims seeking consequential damages were properly dismissed. Pursuant to the unambiguous language of the waiver provision in the relevant contract, the parties waived "all consequential damages" against each another "without limitation" (see Daily News v Rockwell Intl. Corp., 256 A.D.2d 13 [1st Dept 1998], lv denied 93 N.Y.2d 803 [1999]).

The claim for return of the additional amounts due upon execution of the...

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