JCH Delta Contracting, Inc. v. City of New York
Cases that cite this one
3 later published cases cite this decision.
- Mulacek v. ExxonMobil Corp. (Appellate Division of the Supreme Court of New York 2023)
- Start Elevator, Inc. v. City of New York (Appellate Division of the Supreme Court of New York 2013)
- Start Elevator, Inc. v. City of New York (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Order, Supreme Court, New York County (Michael D. Stall-man, J.), entered June 28, 2006, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiffs causes of action for extra and disputed work, as well as its claim for delay damages, were also properly dismissed as time-barred. Defendant issued a certificate of substantial completion for the construction project in January 1996, and plaintiff did not commence the action until 2005, well beyond the six-year statute of limitations for such claims (CPLR 213; see Phillips Constr. Co. v City of New York, 61 NY2d 949 [1984]). That the parties’ contract contained a one-year limitations period for claims, which was to begin to run upon defendant’s filing of a final payment voucher, does not support plaintiffs argument that its claims were timely (id. at 950-951), and the provision would improperly serve to extend the applicable statute of limitations (see John J. Kassner & Co. v City of New York, 46 NY2d 544, 550-551 [1979]). Nor was defendant estopped from relying upon the statute of limitations defense on the basis it entertained ongoing negotiations with plaintiff regarding the claims. There is no evidence indicating defendant intended to relinquish its right to pursue the defense (see Gilbert Frank Corp. v Federal Ins. Co., 70 NY2d 966 [1988]).
We have considered plaintiffs remaining contentions and find them unavailing. Concur—Andrias, J.P., Friedman, Williams, Buckley and Sweeny, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.