FINGERLAKES AQUACULTURE, LLC v. PROGAS WELDING SUPPLY, INC.


34 A.D.3d 1070 (2006)

825 N.Y.S.2d 559

FINGERLAKES AQUACULTURE, LLC, Appellant, v. PROGAS WELDING SUPPLY, INC., Respondent.

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

Decided November 22, 2006.


Kane, J.

Plaintiff, which operates an indoor fish hatchery, entered into a contract whereby defendant would supply a 13,000-gallon oxygen storage tank to plaintiff's facility. The contract required that the tank be delivered during the week of June 21, 1999, with a $400 per day liquidated damages provision, denoted a "fine," in the event of a delay. Defendant provided several 50-gallon cylinders in September 1999, then a 3,000-gallon tank in December 1999 or January...

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