Legal Opinion
Davis-Wallbridge, Inc. v. City of Syracuse
New York Court of Appeals
Decided March 22, 1988PublishedCited by 13 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be reversed, with costs, and the complaint dismissed.
Defendant City of Syracuse contracted with plaintiff for improvements to a running track in one of its parks. Pursuant to the contract, defendant withheld a sum as liquidated damages when plaintiff failed to complete the work on time. Plaintiff commenced this action to recover the withheld amount.
Plaintiff admits that it failed to comply with the notice of claim provision contained in the Syracuse City Charter (see, § 8-115). It argues, however, that service of a…
2Cases cited2 opinions
- In Re the Arbitration Between Geneseo Central School & Perfetto & Whalen Construction Corp.New York Court of Appeals · 1981
- In re the Arbitration between Guilderland Central School District & Guiilderland Central Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 1974
3Cited by13 opinions
- Lee v. City of SyracuseDistrict Court, N.D. New York · 2009
- Dorce v. United Rentals North America, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Hall-Kimbrell Environmental Services, Inc. v. East Ramapo Central School DistrictAppellate Division of the Supreme Court of the State of New York · 1992
- Tom L. LaMere & Associates, Inc. v. City of Syracuse Board of EducationAppellate Division of the Supreme Court of the State of New York · 2008
- Civil Service Employees Ass'n v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1996
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