M. VIAGGIO & SONS, INC. v. CITY OF NEW YORK


114 A.D.2d 939 (1985)

M. Viaggio & Sons, Inc., Respondent, v. City of New York, Appellant

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

November 18, 1985


Judgment reversed, on the law and the facts, without costs or disbursements, article 59A of the contract is reinstated and found valid, plaintiff is awarded the sum of $13,526.79, plus interest, and the matter is remitted to the Supreme Court, Queens County, for entry of an appropriate judgment.

It has long been recognized that parties to a contract may agree among themselves as to the damages which would be suffered upon a breach of the contract. Such a stipulation...

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