Apollon Waterproofing & Restoration Corp. v. Edmund J. Bergassi Agency, Inc.

Appellate Division of the Supreme Court of New York

Apollon Waterproofing & Restoration Corp. v. Edmund J. Bergassi Agency, Inc.

273 A.D.2d 158, 710 N.Y.S.2d 332, 2000 N.Y. App. Div. LEXIS 7500

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJune 27, 2000

StatusPublished

This text of 273 A.D.2d 158 (Apollon Waterproofing & Restoration Corp. v. Edmund J. Bergassi Agency, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Apollon Waterproofing & Restoration Corp. v. Edmund J. Bergassi Agency, Inc., 273 A.D.2d 158, 710 N.Y.S.2d 332, 2000 N.Y. App. Div. LEXIS 7500 (N.Y. Ct. App. 2000).

Pincite

Opinion

Order, Supreme Court, [159]*159New York County (Phyllis Gangel-Jacob, J.), entered November 20, 1998, which denied defendant-appellant’s motion to vacate a judgment on the ground of newly discovered evidence, unanimously affirmed, with costs.

Plaintiff, a contractor, sued defendant, an insurance agency, when payment and performance bonds that defendant procured for plaintiff turned out to be fraudulent, causing plaintiff’s disqualification on a City contract it had been awarded. The judgment that plaintiff obtained after a jury trial includes loss of profits as well as premiums paid. Thereafter, the City determined that plaintiff is not a responsible bidder because of its principal’s past association with organized crime figures. Defendant claims that such association, which coincided with the transactions and occurrences involved in this action, is newly discovered evidence, and seeks to vacate the judgment. Defendant’s motion for that relief was properly denied. Plaintiffs principal’s association with organized crime figures has no relevance to the question of whether the premiums plaintiff paid should be returned to it. We have considered and rejected defendant’s other arguments. Concur — Rosenberger, J. P., Wallach, Lerner and Rubin, JJ.

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Order, Supreme Court, [159]*159New York County (Phyllis Gangel-Jacob, J.), entered November 20, 1998, which denied defendant-appellant’s motion to vacate a judgment on the ground of newly discovered evidence, unanimously affirmed, with costs.

Plaintiff, a contractor, sued defendant, an insurance agency, when payment and performance bonds that defendant procured for plaintiff turned out to be fraudulent, causing plaintiff’s disqualification on a City contract it had been awarded. The judgment that plaintiff obtained after a jury trial includes loss of profits as well as premiums paid. Thereafter, the City determined that plaintiff is not a responsible bidder because of its principal’s past association with organized crime figures. Defendant claims that such association, which coincided with the transactions and occurrences involved in this action, is newly discovered evidence, and seeks to vacate the judgment. Defendant’s motion for that relief was properly denied. Plaintiffs principal’s association with organized crime figures has no relevance to the question of whether the premiums plaintiff paid should be returned to it. We have considered and rejected defendant’s other arguments. Concur — Rosenberger, J. P., Wallach, Lerner and Rubin, JJ.

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Bluebook (online)

273 A.D.2d 158, 710 N.Y.S.2d 332, 2000 N.Y. App. Div. LEXIS 7500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/apollon-waterproofing-restoration-corp-v-edmund-j-bergassi-agency-nyappdiv-2000.