M. Viaggio & Sons v. City New York

[114 A.D.2d 939 Page 939] 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.