70 A.D.2d 839 | N.Y. App. Div. | 1979
— Order, Supreme Court, New York County, entered September 13, 1978, denying defendant’s cross motion for partial summary judgment, reversed, on the law, the motion granted, and the fourth cause of action dismissed, with costs. Plaintiff sues to recover for alleged breach of contract in connection with the construction of Sea View Hospital in Staten Island. The fourth cause of action is for damages flowing from delay alleged to have been the result of action or lack of action by the defendant. On June 19, 1971, subsequent to the institution of this action, plaintiff applied for an extension of time to complete the contract so as to expedite a payment to it. In consideration therefor, it agreed to "waive and release all claims which we may have against the City of New York arising out of the aforesaid contract except the following: various change orders and work under protest”. On July 2, 1971, defendant granted the extension specifically providing in the certificate which evidenced the grant that the "extension of time is approved with the understanding that any claims heretofore waived by the Contractor shall not be revived by reason of this extension”. Plaintiff