G. Bauer, Inc. v. S. G. Hotel Corp.

Appellate Division of the Supreme Court of New York

G. Bauer, Inc. v. S. G. Hotel Corp.

99 A.D.2d 1021, 473 N.Y.S.2d 812, 1984 N.Y. App. Div. LEXIS 17456

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

DecidedMarch 27, 1984

StatusPublished

This text of 99 A.D.2d 1021 (G. Bauer, Inc. v. S. G. Hotel Corp.) 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

G. Bauer, Inc. v. S. G. Hotel Corp., 99 A.D.2d 1021, 473 N.Y.S.2d 812, 1984 N.Y. App. Div. LEXIS 17456 (N.Y. Ct. App. 1984).

Pincite

Opinion

Judgment of the Supreme Court, Bronx County (Irwin M. Silbowitz, J.), entered on February 17, 1983, which, following a nonjury trial, awarded plaintiff the sum of $6,650, is modified, on the facts, the judgment vacated, without costs or disbursements, and judgment in favor of plaintiff is increased to $17,053.20 for materials and labor plus interest from the date of judgment and the matter of attorney’s fees is remanded for an assessment. I An examination of the record in the instant matter reveals that plaintiff fulfilled all of its obligations under the contract. The oil tank replacement was not performed by plaintiff, and the failure to attach connecting lines thus cannot be attributed to plaintiff. The fact that plaintiff gratuitously agreed to make a temporary connection with a rubber hose to determine whether the boiler was in operating condition should not be used to plaintiff’s detriment. The trial court’s conclusion that plaintiff had not fully performed its work is unsupported by the record and plaintiff should have been awarded [1022]*1022$17,053.20, the amount due for materials and labor. Moreover, the contract between the parties herein provided that the customer would be liable for the cost of collection, including attorney’s fees. Consequently, the question of reasonable attorney’s fees should be remanded for the purpose of an assessment. Concur — Kupferman, J. P., Sandler, Carro, Milonas and Alexander, JJ.

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Judgment of the Supreme Court, Bronx County (Irwin M. Silbowitz, J.), entered on February 17, 1983, which, following a nonjury trial, awarded plaintiff the sum of $6,650, is modified, on the facts, the judgment vacated, without costs or disbursements, and judgment in favor of plaintiff is increased to $17,053.20 for materials and labor plus interest from the date of judgment and the matter of attorney’s fees is remanded for an assessment. I An examination of the record in the instant matter reveals that plaintiff fulfilled all of its obligations under the contract. The oil tank replacement was not performed by plaintiff, and the failure to attach connecting lines thus cannot be attributed to plaintiff. The fact that plaintiff gratuitously agreed to make a temporary connection with a rubber hose to determine whether the boiler was in operating condition should not be used to plaintiff’s detriment. The trial court’s conclusion that plaintiff had not fully performed its work is unsupported by the record and plaintiff should have been awarded [1022]*1022$17,053.20, the amount due for materials and labor. Moreover, the contract between the parties herein provided that the customer would be liable for the cost of collection, including attorney’s fees. Consequently, the question of reasonable attorney’s fees should be remanded for the purpose of an assessment. Concur — Kupferman, J. P., Sandler, Carro, Milonas and Alexander, JJ.

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Bluebook (online)

99 A.D.2d 1021, 473 N.Y.S.2d 812, 1984 N.Y. App. Div. LEXIS 17456, Counsel Stack Legal Research, https://law.counselstack.com/opinion/g-bauer-inc-v-s-g-hotel-corp-nyappdiv-1984.