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WDF INC. v. TURNER CONSTR. CO.

10388. 450143/16.

177 A.D.3d 513 (2019)

112 N.Y.S.3d 133

2019 NY Slip Op 08379

WDF Inc., Appellant, v. Turner Construction Company, Respondent, et al., Defendants.

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

Decided November 19, 2019.

Plaintiff subcontractor seeks delay damages in connection with a construction project for defendants New York University and New York University College of Nursing, Dentistry and BioEngineering, despite the fact that its subcontract with defendant Turner, the prime contractor on the project, contains a broad no-damages-for-delay clause. In opposition to Turner's motion for summary judgment dismissing the claim, plaintiff failed...

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