Kalisch-Jarcho, Inc. v. City of New York

Summary

The New York Court of Appeals reversed the Appellate Division, holding that the trial court erred by allowing the contractor to recover delay damages based merely on "active interference" and that the exculpatory clause bars recovery unless the City acted in bad faith and with deliberate intent; the Court also found the City’s objection was not preserved, so the error was not waived, and ordered a new trial.