City of Elmira, Respondent-Appellant,
v.
Larry Walter, Inc., et al., Appellants-Respondents, and Newman & Doll Consulting Engineers, Respondent
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
October 12, 1989
October 12, 1989
Attorney(s) appearing for the Case
Couch, White, Brenner, Howard & Feigenbaum, and Friedman, Wang & Bleiberg, P. C. (Arthur S. Friedman, Joan R. Salzman and Leslie F. Couch of counsel), for appellants-respondents.
Smith, Sovik, Kendrick, Schwarzer & Sugnet, P. C. (Laurence F. Sovik and James A. O'Shea of counsel), for respondent-appellant.
Mackenzie, Smith, Lewis, Michell & Hughes (Arthur A. Chalenski, Jr., of counsel), for respondent.
WEISS, J. P., MIKOLL, MERCURE and HARVEY, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Third Department.
YESAWICH, JR., J.
Defendant Larry Walter, Inc. (hereinafter Walters)* and plaintiff, the City of Elmira (hereinafter the City), entered into a contract for the construction of the Centertown Parking Garage facility in October 1975. The contract contained a liquidated damages clause providing that in the event that completion of the project was delayed, Walters would pay the City...
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