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McNAMEE CONSTRUCTION CORP. v. CITY OF NEW ROCHELLE

60 A.D.3d 918 (2009)

875 N.Y.S.2d 265

McNAMEE CONSTRUCTION CORP., Respondent, v. CITY OF NEW ROCHELLE, Appellant, et al., Defendants. (And a Third-Party Action.)

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

Decided March 24, 2009.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant City of New Rochelle for summary judgment dismissing the complaint insofar as asserted against it is granted.

"A clause which exculpates a contractee from liability to a contractor for damages resulting from delays in the performance of the latter's work is valid and enforceable and is not contrary to public policy if the clause and...

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