P. J. Carlin Construction Co. v. City of New York

Judgment, Supreme Court, New York County, entered on December 22, 1976, granting plaintiffs motion for partial summary judgment, unanimously reversed, on the law, and the motion denied. Appellant shall recover of respondent $60 costs and disbursements of this appeal. *848Plaintiff entered into an agreement with the defendant to perform the general construction work for the Academic and Science Building of New York City Community College. Paragraph lA(e) thereof provides for liquidated damages of $10 per cubic yard for understrength concrete. The defendant claims that 1,904 cubic yards of the…