Canstar

Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered October 8, 1993, which, inter alia, dismissed defendant/third-party plaintiff's first counterclaim for breach of contract to the extent it sought damages in excess of $1000 per day, dismissed its second counterclaim for fraudulent inducement/misrepresentation and dismissed its fifth counterclaim for breach of implied covenant of good faith and fair dealing, unanimously affirmed, with costs. The parties' contract unambiguously provides that the amount of damages available for delay is limited to $1000 per day (see, W.W.W. Assocs. v Giancontieri, 77 N.Y.2d 157, 162, 565 N.Y.S.2d 440, 566 N.E.2d 639). Moreover, if any conflict arises, the parties specifically agreed that the provisions of the Prime Contract shall prevail, and that contract contains a liquidated damage clause to address any delay damages, as allegedly occurred here.