CITY OF ELMIRA v. LARRY WALTER, INC.


81 A.D.2d 998 (1981)

City of Elmira, Respondent-Appellant, v. Larry Walter, Inc., et al., Appellants-Respondents, et al., Defendant

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

May 28, 1981


Defendant Larry Walter, Inc. (Walter), entered into a contract with plaintiff on October 8, 1975 for the construction of a parking garage. Payments to Walter were to be periodic and based on estimates made by Walter on requisition forms subject to the approval of defendant Newman and Doll, the project engineers. After the first four requisitions were paid, the fifth was reduced by Newman and Doll and the sixth, seventh and eighth were rejected entirely due to plaintiff's...

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