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M. EISENBERG & BROS., INC. v. WHITE PLAINS HOUS. AUTH.

55 A.D.2d 599 (1976)

M. Eisenberg & Bros., Inc., Plaintiff, v. White Plains Housing Authority, Defendant and Third-Party Plaintiff-Respondent. Wilaka Construction Co., Inc., Appellants

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

December 6, 1976

Judgment affirmed, with costs.

The per diem liquidated damages clause was intended to cover the owner's damages for delay beyond the completion date. On the other hand, the indemnity clause was intended to indemnify the owner if it were held vicariously liable to one contractor for the neglectful actions of another contractor. Here the indemnity clause applied, unfettered by any liquidated per diem...

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