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A. J. ECKERT CO., INC. v. M. S. KELLIHER CO.

23 A.D.2d 591 (1965)

A. J. Eckert Co., Inc., Appellant, v. M. S. Kelliher Company, Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 1, 1965

Per Curiam.

Kelliher Co. was a general contractor and subcontracted with the plaintiff to do certain plumbing work. The contract provided in one clause that time is of the essence and in another that if the work was not completed by the time appointed, liquidated damages shall be paid as set forth in the general contract between the contractor and the architect and owner. With respect to arbitration, the contract...

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