CITY OF ELMIRA v. LARRY WALTER, INC.


76 N.Y.2d 912 (1990)

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

Court of Appeals of the State of New York.

Decided October 16, 1990.


Attorney(s) appearing for the Case

Laurence F. Sovik and James A. O'Shea for appellant.

Arthur S. Friedman, Leslie F. Couch and Joan R. Salzman for respondents.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

This breach of contract action has its origins in an agreement for the construction of a municipal parking garage. While the construction project was underway, disputes arose concerning a number of issues, including defendant contractor's entitlement to progress payments. As a consequence of these disputes, defendant discontinued further...

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