On November 9, 2021, the First Department issued a decision in Lam Platt St. Hotel LLC v. Golden Pearl Constr. LLC, 2021 NY Slip Op. 06086, enforcing a contract provision barring the award of consequential damages, explaining:
The claims seeking consequential damages were properly dismissed. Pursuant to the unambiguous language of the waiver provision in the relevant contract, the parties waived all consequential damages against each another without limitation.
(Internal quotations and citations omitted).