J. PETROCELLI CONTR., INC. v. MORGANTI GROUP, INC.

2014-06024, Index No. 24643/13.

137 A.D.3d 1082 (2016)

27 N.Y.S.3d 646

2016 NY Slip Op 02056

J. PETROCELLI CONTRACTING, INC., Appellant, v. MORGANTI GROUP, INC., Respondent.

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

Decided March 23, 2016.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff entered into a subcontract to perform construction work for the defendant, the construction manager on a renovation project for the City of New York Department of Design and Construction. The plaintiff commenced this action, inter alia, to recover damages it alleges it incurred when the project was substantially delayed through no fault of its own. Thereafter, the defendant moved...

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