Opinion
October 28, 1999
Michael J. Hogan, for Plaintiff-Appellant.
Sheldon Feinstein, for Defendant-Respondents.
SULLIVAN, J.P., NARDELLI, TOM, MAZZARELLI, FRIEDMAN, JJ.
Judgment, Supreme Court, New York County (Martin Evans, J.H.O.), entered September 2, 1998, after a nonjury trial, which, to the extent appealed from, limited plaintiff's recovery of delay damages to the principal sum of $4095, unanimously affirmed, without costs.
We agree with the trial court that "total cost"; method of calculating construction delay damages (see, Fehlhaber Corp. Horn Constr. Co., Inc. v. State of New York, 69 A.D.2d 362, 368) was inapplicable under the particular circumstances of this case, and that plaintiff did not otherwise sufficiently prove delay-caused labor costs by non-speculative evidence (see, Mid-State Precast Sys. v. Corbetta Constr. Co., Inc., 202 A.D.2d 702, 704, appeal dismissed 84 N.Y.2d 923, lv dismissed 86 N.Y.2d 855). We have considered plaintiff's remaining arguments and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.