Mars Associates, Inc. v. City of New York

• Court: New York Court of Appeals Court of Appeals
• Writing for the Court: COOKE
• Citation: Mars Associates, Inc. v. City of New York, 438 N.Y.S.2d 779, 53 N.Y.2d 627, 420 N.E.2d 971 (N.Y. 1981)
• Decision Date: 24 March 1981
• Parties: , 420 N.E.2d 971 MARS ASSOCIATES, INC., et al., Appellants, v. CITY OF NEW YORK, Respondent.

Page 779

438 N.Y.S.2d 779

53 N.Y.2d 627, 420 N.E.2d 971

MARS ASSOCIATES, INC., et al., Appellants, v. CITY OF NEW YORK, Respondent.

Court of Appeals of New York.

March 24, 1981.

Louis Cantor, New York City, for appellants.

Allen G. Schwartz, Corp. Counsel, New York City (James Griffin, Francis F. Caputo, Angelo Aiosa, New York City, and Carolyn Herman of counsel), for respondent.

OPINION OF THE COURT MEMORANDUM.

The judgment appealed from and the order of the Appellate Division, 70 A.D.2d 27, 418 N.Y.S.2d 27, brought up for review should be affirmed, with costs, for the reasons stated in that court's memorandum.

In addition, we note that the circumstances of the waiver demonstrate as a matter of law that it was designed to cover the claim upon which plaintiff now sues. Plaintiff is a sophisticated contractor, and in withstanding the motion for summary judgment it did not show that the instant claim for delay damages was covered by the exceptions from the blanket waiver. Those exceptions covered "various change orders and work under protest", and the parties have used these...