Successful Argument on Appeal on Behalf of the Trustees of Columbia University
On November 30, 2018, Five Star Electric Corp., as core-and-shell electrical subcontractor, commenced a legal action against The Trustees of Columbia University in the City of New York, as owner, and Lend Lease (US) Construction LMB, Inc., as construction manager, to recover damages as a result of allegedly incurred delays and purported cardinal changes of the parties’ subcontract in connection with the construction of the Jerome L. Greene Science Center for Mind Brain Behavior, part of Columbia’s Manhattanville campus.
On May 12, 2020, the New York County Supreme Court (Hon. Cohen, J.S.C.) dismissed the portions of Five Star’s Complaint seeking delay and cardinal change-related damages. Five Star appealed the May 12th Decision and Order in an effort to restore those dismissed claims. On November 18, 2020, the parties argued the appeal before a four-justice panel of the Appellate Division of the Supreme Court, First Department.
James J. Terry, Partner, Zetlin & De Chiara, LLP, successfully argued the appeal on behalf of The Trustees of Columbia University in the City of New York. Mr. Terry was assisted in the preparation of his argument by Max Rayetsky, Associate.