Legal Opinion
M. Viaggio & Sons, Inc. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 1985PublishedCited by 3 opinions
1Opinion of the Court
—In an action to recover damages for breach of contract, defendant City of New York appeals from a judgment of the Supreme Court, Queens County (Cooperman, J.), entered August 2, 1983, which, after a hearing, and upon finding the liquidated damages clause of the contract (article 59A) to be void and unenforceable, awarded plaintiff the principal sum of $37,737.
Judgment reversed, on the law and the facts, without costs or disbursements, article 59A of the contract is reinstated and found valid, plaintiff is awarded the sum of $13,526.79, plus interest, and the matter is remitted to the Supreme…
2Cases cited4 opinions
- Truck Rent-A-Center, Inc. v. Puritan Farms 2nd, Inc.New York Court of Appeals · 1977
- Equitable Lumber Corp. v. IPA Land Development Corp.New York Court of Appeals · 1976
- Dorman v. CohenAppellate Division of the Supreme Court of the State of New York · 1979
- Manshul Construction Corp. v. Dormitory AuthorityAppellate Division of the Supreme Court of the State of New York · 1981
3Cited by3 opinions
- Barcomb v. AlfordAppellate Division of the Supreme Court of the State of New York · 1986
- Ann-Par Sanitation, Inc. v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2005
- Interco Systems, Inc. v. GagerAppellate Division of the Supreme Court of the State of New York · 1990