DAVIS-WALLBRIDGE, INC. v. CITY OF SYRACUSE


71 N.Y.2d 842 (1988)

Davis-Wallbridge, Inc., Respondent, v. City of Syracuse, Appellant.

Court of Appeals of the State of New York.

Decided March 22, 1988.


Attorney(s) appearing for the Case

C. Frank Harrigan, Corporation Counsel (James L. Gelormini, Kevin M. O'Neill and Lee Alcott of counsel), for appellant.

Robert J. Frechette for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, HANCOCK, JR., and BELLACOSA concur in memorandum; Judge TITONE taking no part.


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...

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