Brendese v. City of Schenectady

Appeal from a judgment of the Schenectady Special Term which dismissed plaintiff’s complaint in an action to recover the amount of a deposit made in connection with a bid to perform public work in that city. Judgment affirmed, without costs. Hill, P. J., Foster and Deyo, JJ., concur; Russell, J., dissents, in the following memorandum in which Heffernan, J., concurs: The repeated extensions of time granted to the contractor by the respondents for the purpose of securing a performance bond were a waiver of the laches, and therefore the respondents could not recover liquidated damages. The…