International Installations, Inc. v. Panther Associates

Appellate Division of the Supreme Court of New York

International Installations, Inc. v. Panther Associates

191 A.D.2d 253, 595 N.Y.S.2d 11, 1993 N.Y. App. Div. LEXIS 2212

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 11, 1993

StatusPublished

Cited by2 cases

This text of 191 A.D.2d 253 (International Installations, Inc. v. Panther Associates) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

International Installations, Inc. v. Panther Associates, 191 A.D.2d 253, 595 N.Y.S.2d 11, 1993 N.Y. App. Div. LEXIS 2212 (N.Y. Ct. App. 1993).

Pincite

Opinion

—Order, Supreme Court, New York County (Alfred Toker, J.), entered November 14, 1991, which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7) to the extent it seeks damages due to delays, unanimously affirmed, with costs.

Pursuant to an agreement between the parties dated on or about January 29, 1990, plaintiff was to supply labor and materials to install furniture, fixtures and equipment at the Hotel Macklowe. Since Article 15 of the agreement provided for no payment or allowances due to delays from any cause, defendants are not liable for damages resulting from delays (see, Corinno Civetta Constr. Corp. v City of New York, 67 NY2d 297, 309). While plaintiff contends that the parties orally modified the contract with respect to delay damages by agreement to pay a portion of two invoices, plaintiff also admits that no such payment for delay damages was actually made. Further, Article 24 contained a non-waiver clause, entitling defendants to avail themselves of the terms and conditions of the contract.

As the claimed modification of the contract is unsupported, the court properly dismissed that portion of the complaint seeking damages due to delays. Concur — Sullivan, J. P., Milonas, Asch and Rubin, JJ.

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—Order, Supreme Court, New York County (Alfred Toker, J.), entered November 14, 1991, which granted defendants’ motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7) to the extent it seeks damages due to delays, unanimously affirmed, with costs.

Pursuant to an agreement between the parties dated on or about January 29, 1990, plaintiff was to supply labor and materials to install furniture, fixtures and equipment at the Hotel Macklowe. Since Article 15 of the agreement provided for no payment or allowances due to delays from any cause, defendants are not liable for damages resulting from delays (see, Corinno Civetta Constr. Corp. v City of New York, 67 NY2d 297, 309). While plaintiff contends that the parties orally modified the contract with respect to delay damages by agreement to pay a portion of two invoices, plaintiff also admits that no such payment for delay damages was actually made. Further, Article 24 contained a non-waiver clause, entitling defendants to avail themselves of the terms and conditions of the contract.

As the claimed modification of the contract is unsupported, the court properly dismissed that portion of the complaint seeking damages due to delays. Concur — Sullivan, J. P., Milonas, Asch and Rubin, JJ.

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Bluebook (online)

191 A.D.2d 253, 595 N.Y.S.2d 11, 1993 N.Y. App. Div. LEXIS 2212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/international-installations-inc-v-panther-associates-nyappdiv-1993.

Opinion

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