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ROCKMORE CONTR. CORP. v. CITY OF NEW YORK

Index No. 652705/18. Appeal No. 325. Case No. 2022-00104.

216 A.D.3d 582 (2023)

191 N.Y.S.3d 3

2023 NY Slip Op 02839

Rockmore Contracting Corp. et al., Appellants, v. City of New York, Respondent.

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

Decided May 25, 2023.

Attorney(s) appearing for the Case

Muchmore & Associates PLLC, Brooklyn ( Marwan F. Sehwail of counsel), for appellants.

Sylvia O. Hinds-Radix , Corporation Counsel, New York ( Lauren L. O'Brien of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Singh, Moulton, Shulman, Higgitt, JJ.

Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered July 2, 2021, which granted defendant City of New York's motion to dismiss the causes of action for breach of contract (the first and fourth causes of action) as time-barred by a contractual limitations clause, unanimously modified, on the law, to deny the motion as to any claim for delay damage that arose after issuance of the certificates of substantial completion...

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