New York Court of Appeals

Metropolitan Life Insurance Company, Appellant v. Noble Lowndes International, Inc., Respondent

October 25, 199484 N.Y.2d 430

Summary

The New York Court of Appeals affirmed the Appellate Division's reduction of damages, holding that the contract's "willful acts" exception to the limitation of liability requires tortious conduct and does not apply to the defendant's intentional abandonment of the project. Consequently, the plaintiff is limited to a refund of the monies paid.