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S.N. TANNOR, INC. v. A.F.C. ENTERPRISES, INC.

276 A.D.2d 363 (2000)

714 N.Y.S.2d 273

S.N. TANNOR, INC., Appellant, v. A.F.C. ENTERPRISES, INC., et al., Respondents.

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

Decided October 19, 2000.

Plaintiff S.N. Tannor, Inc., a subcontractor on a public works construction project for which defendant A.F.C. Enterprises was the general contractor, sues to recover damages for extra work and delays allegedly occasioned by the conduct of A.F.C. However, the subcontract between S.N. Tannor and A.F.C. contained "no-damage-for-delay" provisions and A.F.C. is entitled to the protection of those provisions since its delays were not (1) the product of willful, malicious, or grossly...

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