Richard H. List, Inc. v. Town of Halfmoon

Cross appeals from an order of the Supreme Court (James, J.), entered April 12, 1994 in Saratoga County, which granted plaintiffs motion for partial summary judgment and defendant’s cross motion for summary judgment on an affirmative defense.

In December 1991, the parties entered into a written agreement whereby plaintiff was to furnish and install, inter alia, a water transmission main at an agreed-upon price of $766,920.10. The agreement also contained a liquidated damages clause which stated that defendant would be entitled to $500 for each day beyond August 3, 1992 that plaintiffs work was…