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.