City of Elmira v. Larry Walter, Inc.

— Cross appeals from an order of the Supreme Court at Special Term, entered October 22, 1980 in Chemung County, which, inter alia, partially granted defendants’ motion for summary judgment and denied plaintiff’s cross motion for summary judgment. Defendant Larry Walter, Inc. (Walter), entered into a contract with plaintiff on October 8, 1975 for the construction of a parking garage. Payments to Walter were to be periodic and based on estimates made by Walter on requisition forms subject to the approval of defendant Newman and Doll, the project engineers. After the first four requisitions were…