General Contracting & Engineering Co. v. Semloh Contracting Co.

Appellate Division of the Supreme Court of New York

General Contracting & Engineering Co. v. Semloh Contracting Co.

232 A.D. 764

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

DecidedFebruary 15, 1931

StatusPublished

This text of 232 A.D. 764 (General Contracting & Engineering Co. v. Semloh Contracting 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

General Contracting & Engineering Co. v. Semloh Contracting Co., 232 A.D. 764 (N.Y. Ct. App. 1931).

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Opinion

Judgment reversed upon the law and the facts, and a new trial granted, costs to abide the event, unless the defendants stipulate, within ten days from the entry of the order herein, that the verdict be reduced to $9,833.33 and the judgment modified accordingly. If such stipulation be given, the judgment as so modified is unanimously affirmed, with costs. The respondent company failed to connect the proof of the amounts paid by it, as testified to by its bookkeeper, with any evidence of the necessity for such payments and the reasonable value of the work and materials used in making good its damage. The only proof of damage which satisfies this requirement is the value of the rubble, $1,900, the value of the work of clearing up the debris, $3,500, and the amount paid by the respondent company to plaintiff on the contract, $4,433.33, making a total of $9,833.33, to which amount the verdict should be reduced, or a new trial granted. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

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Judgment reversed upon the law and the facts, and a new trial granted, costs to abide the event, unless the defendants stipulate, within ten days from the entry of the order herein, that the verdict be reduced to $9,833.33 and the judgment modified accordingly. If such stipulation be given, the judgment as so modified is unanimously affirmed, with costs. The respondent company failed to connect the proof of the amounts paid by it, as testified to by its bookkeeper, with any evidence of the necessity for such payments and the reasonable value of the work and materials used in making good its damage. The only proof of damage which satisfies this requirement is the value of the rubble, $1,900, the value of the work of clearing up the debris, $3,500, and the amount paid by the respondent company to plaintiff on the contract, $4,433.33, making a total of $9,833.33, to which amount the verdict should be reduced, or a new trial granted. Lazansky, P. J., Young, Hagarty, Carswell and Tompkins, JJ., concur.

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Bluebook (online)

232 A.D. 764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/general-contracting-engineering-co-v-semloh-contracting-co-nyappdiv-1931.