Fleetash Realty Co. v. August Severio Construction Co.

Appellate Division of the Supreme Court of New York

Fleetash Realty Co. v. August Severio Construction Co.

11 A.D.2d 769, 205 N.Y.S.2d 212, 1960 N.Y. App. Div. LEXIS 8684

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

DecidedJuly 5, 1960

StatusPublished

This text of 11 A.D.2d 769 (Fleetash Realty Co. v. August Severio Construction Co.) 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

Fleetash Realty Co. v. August Severio Construction Co., 11 A.D.2d 769, 205 N.Y.S.2d 212, 1960 N.Y. App. Div. LEXIS 8684 (N.Y. Ct. App. 1960).

Pincite

Opinion

In an action, based upon an indemnity agreement, to recover damages caused by blasting, the plaintiff appeals: (1) from a judgment of the Supreme Court, Westchester County, rendered May 5, 1959, dismissing the complaint, after a non jury trial; (2) from conclusions of law contained in the decision of said court; and (3) from an order of said court, dated August 16, 1957, denying plaintiff’s motion for summary judgment striking out the answer. The trial court held that the agreement was unambiguous, and that it did not render defendant responsible for blasting damage. Judgment affirmed, with costs. No opinion. Appeal from conclusions of law dismissed. No appeal lies from conclusions of law. Appeal from order denying motion by appellant for summary judgment, dismissed as academic. Nolan, P. J., Beldock, Ughetta, Christ and Pette, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action, based upon an indemnity agreement, to recover damages caused by blasting, the plaintiff appeals: (1) from a judgment of the Supreme Court, Westchester County, rendered May 5, 1959, dismissing the complaint, after a non jury trial; (2) from conclusions of law contained in the decision of said court; and (3) from an order of said court, dated August 16, 1957, denying plaintiff’s motion for summary judgment striking out the answer. The trial court held that the agreement was unambiguous, and that it did not render defendant responsible for blasting damage. Judgment affirmed, with costs. No opinion. Appeal from conclusions of law dismissed. No appeal lies from conclusions of law. Appeal from order denying motion by appellant for summary judgment, dismissed as academic. Nolan, P. J., Beldock, Ughetta, Christ and Pette, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

11 A.D.2d 769, 205 N.Y.S.2d 212, 1960 N.Y. App. Div. LEXIS 8684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleetash-realty-co-v-august-severio-construction-co-nyappdiv-1960.