Mars Associates, Inc. v. City of New York
| Decision Date | 24 March 1981 |
| Citation | 438 N.Y.S.2d 779,53 N.Y.2d 627,420 N.E.2d 971 |
| Parties | , 420 N.E.2d 971 MARS ASSOCIATES, INC., et al., Appellants, v. CITY OF NEW YORK, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
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 terms to refer to extra work beyond the original contract, not claims for damages by reason of acts or omissions of the city. If the exemptions were intended to be broader in scope, it was incumbent upon plaintiff to state its intentions with clarity.
Judgment appealed from and order of the Appellate Division brought up for review affirmed, with costs, in a memorandum.
To continue reading
Request your trial
-
Albert Saggese, Inc. v. Town of Hempstead
...from obtaining recovery for the claimed work changes and extras not supported by a written order (see Mars Assoc. v. City of New York, 53 N.Y.2d 627, 438 N.Y.S.2d 779, 420 N.E.2d 971, affg. 70 A.D.2d 839, 418 N.Y.S.2d 27). In any event, our review of the record indicates that, except for th......
-
Herman H. Schwartz, Inc. v. City of New York (Rockaway Pollution Control Plant)
...N.Y.2d 90, 98, 268 N.Y.S.2d 301, 215 N.E.2d 490; Mars Assoc. v. City of New York, 70 A.D.2d 839, 418 N.Y.S.2d 27, affd. 53 N.Y.2d 627, 438 N.Y.S.2d 779, 420 N.E.2d 971; E.M. Substructures, Inc. v. City of New York [Sewers 149th St., Queens], 73 A.D.2d 608, 422 N.Y.S.2d 444, app. dsmd. 49 N.......
-
Edenwald Contracting Co., Inc. v. City of New York
...and the Court of Appeals' decision in Mars Associates v. City of New York, 70 A.D.2d 839, 418 N.Y.S.2d 27, aff'd 53 N.Y.2d 627, 438 N.Y.S.2d 779, 420 N.E.2d 971 (1981) to be controlling. Without discussing its earlier finding that the City had not, in fact, made "expeditious payment," Speci......
-
Martin Iron & Const. Corp. v. E.W. Howell Co., Inc.
...of New York, 73 A.D.2d 608, 422 N.Y.S.2d 444; Mars Assoc. v. City of New York, 70 A.D.2d 839, 418 N.Y.S.2d 27, affd. 53 N.Y.2d 627, 438 N.Y.S.2d 779, 420 N.E.2d 971). The defendants further established that the plaintiff had not received written authorizations for any additional work it all......