HENICK-LANE, INC. v. 616 FIRST AVE. LLC

Index No. 161465/19 Appeal No. 17451 Case No. 2022-00791.

214 A.D.3d 435 (2023)

185 N.Y.S.3d 71

2023 NY Slip Op 01163

Henick-Lane, Inc., Appellant, v. 616 First Avenue LLC et al., Respondents.

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

Decided March 7, 2023.


Attorney(s) appearing for the Case

Stein Adler Dabah & Zelkowitz LLP, New York ( Jacob E. Lewin of counsel), for appellant.

Fox Swibel Levin & Carroll LLP, New York ( Daniel A. Dorfman of counsel), and The Augello Law Firm, PC, Garden City ( Cynthia A. Augello of counsel), for respondents.

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


Order, Supreme Court, New York County (Paul A. Goetz, J.), entered on or about November 24, 2021, which granted defendants' motion to dismiss the third cause of action, unanimously reversed, on the law, with costs, and the motion denied.

The subcontractor agreement between plaintiff and defendant JDS Construction Group LLC contains clauses precluding damages for delay. It also provides that if plaintiff's work was "delayed or disrupted by fault of [JDS], Architect...

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