Dumane v. Martucci

Appellate Division of the Supreme Court of New York

Dumane v. Martucci

4 A.D.2d 948, 167 N.Y.S.2d 878, 1957 N.Y. App. Div. LEXIS 4100

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

DecidedNovember 4, 1957

StatusPublished

This text of 4 A.D.2d 948 (Dumane v. Martucci) 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

Dumane v. Martucci, 4 A.D.2d 948, 167 N.Y.S.2d 878, 1957 N.Y. App. Div. LEXIS 4100 (N.Y. Ct. App. 1957).

Pincite

Opinion

In an action to recover damages for breach of a contract to supply concrete and to cancel a mechanic’s lien, the appeal is from a judgment, entered after trial before an Official Referee, in favor of respondents for $7,919.50 and canceling the mechanic’s lien. Judgment modified on the facts by striking from the first decretal paragraph “ Seven Thousand Nine Hundred Nineteen and 50/100 ($7,919.50) Dollars ” and “ Eight Thousand Eighty-Seven ($8,087.00) Dollars ” and by substituting in place thereof respectively “ Four Thousand Five Hundred Eight and 63/100 ($4,508.63) Dollars ” and “ Four Thousand Six Hundred Seventy-Six and 13/100 ($4,676.13) Dollars ”. As so modified, judgment unanimously affirmed, without costs. Findings of fact insofar as they may be inconsistent herewith are reversed and new findings are made as indicated herein. Giving consideration to the proportion of respondents’ expenses caused by concrete supplied by appellants and to the 106 cubic yards of satisfactory concrete which were supplied to, and used by, respondents, the award for damages was excessive. Present — Nolan, P. J., Beldock, Ughetta, Hallinan and Kleinfeld, JJ.

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In an action to recover damages for breach of a contract to supply concrete and to cancel a mechanic’s lien, the appeal is from a judgment, entered after trial before an Official Referee, in favor of respondents for $7,919.50 and canceling the mechanic’s lien. Judgment modified on the facts by striking from the first decretal paragraph “ Seven Thousand Nine Hundred Nineteen and 50/100 ($7,919.50) Dollars ” and “ Eight Thousand Eighty-Seven ($8,087.00) Dollars ” and by substituting in place thereof respectively “ Four Thousand Five Hundred Eight and 63/100 ($4,508.63) Dollars ” and “ Four Thousand Six Hundred Seventy-Six and 13/100 ($4,676.13) Dollars ”. As so modified, judgment unanimously affirmed, without costs. Findings of fact insofar as they may be inconsistent herewith are reversed and new findings are made as indicated herein. Giving consideration to the proportion of respondents’ expenses caused by concrete supplied by appellants and to the 106 cubic yards of satisfactory concrete which were supplied to, and used by, respondents, the award for damages was excessive. Present — Nolan, P. J., Beldock, Ughetta, Hallinan and Kleinfeld, JJ.

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Bluebook (online)

4 A.D.2d 948, 167 N.Y.S.2d 878, 1957 N.Y. App. Div. LEXIS 4100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dumane-v-martucci-nyappdiv-1957.