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BOVIS LEND v. GCT VENTURE

285 A.D.2d 68 (2001)

728 N.Y.S.2d 25

BOVIS LEND LEASE LMB, INC., Appellant, v. GCT VENTURE, INC., et al., Respondents, et al., Defendants.

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

July 19, 2001.

Attorney(s) appearing for the Case

Edward T. Byrne of counsel (Richard P. Dyer on the brief; Thelen Reid & Priest, L. L. P., and Murtagh, Cohen & Byrne, attorneys), for appellant.

Frederick R. Rohn of counsel (Sacks Montgomery, P. C., attorney), for respondents.

Denis B. Frind of counsel (Altieri, Kushner, Miuccio & Frind, P. C., attorneys), for American Subcontractors Association, Inc., and others, amici curiae.

ANDRIAS, J. P., LERNER, RUBIN and MARLOW, JJ., concur.

OPINION OF THE COURT

BUCKLEY, J.

This is an action for delay damages and extras incurred in connection with the restoration and renovation of New York's Grand Central Terminal. Defendant GCT Venture, Inc. (GCT) was the developer of the project under contract with Metropolitan Transportation Authority (MTA) and retained plaintiff Bovis Lend Lease LMB Inc. (LMB) as general contractor.

At issue on this appeal is plaintiff's right to assert claims on...

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