City of Elmira v. Larry Walter, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
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 $1,000 per day. Similarly, if Walters finished the job prior to the stipulated completion date, then the City would pay it $1,000 per day.
*131Under the contract, the City was to compensate Walters…
2Cases cited11 opinions
- Locilento v. ColemanAppellate Division of the Supreme Court of the State of New York · 1987
- J. R. Stevenson Corp. v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1985
- Village of Canton v. Globe Indemnity Co.Appellate Division of the Supreme Court of the State of New York · 1922
- Murphy v. United States Fidelity & Guaranty Co.Appellate Division of the Supreme Court of the State of New York · 1905
- McKegney v. Illinois Surety Co.Appellate Division of the Supreme Court of the State of New York · 1917
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3Cited by12 opinions
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- Construction Contracting & Management, Inc. v. McConnellNew Mexico Supreme Court · 1991
- International Fidelity Insurance v. County of RocklandDistrict Court, S.D. New York · 2000
- Aero Garage Corp. v. HirschfeldAppellate Division of the Supreme Court of the State of New York · 1992
- Congel v. MalfitanoCourt for the Trial of Impeachments and Correction of Errors · 2018
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