J. Petrocelli Construction, Inc. v. Rokmin Concrete Corp.

Appellate Division of the Supreme Court of New York

J. Petrocelli Construction, Inc. v. Rokmin Concrete Corp.

99 A.D.2d 464, 470 N.Y.S.2d 1011, 1984 N.Y. App. Div. LEXIS 16635

Appellate Division of the Supreme Court of the State of New York·Decided January 3, 1984·Published

Opinion

In consolidated actions to recover damages for alleged overpayments and payments due pursuant to contracts between the parties, the appeal is from a judgment of the Supreme Court, Suffolk County (Vitale, J.), entered June 22, 1982, which, after a nonjury trial, was in favor of respondent in the principal amount of $21,586. Judgment modified, on the facts, so as to reduce the principal sum awarded to $18,873.19. As so modified, judgment affirmed, without costs or disbursements. A review of the record indicates that the judgment was fair and reasonably based on the credible evidence. However, the court inadvertently failed to grant a credit to appellant in the sum of $2,712.81. This credit was due under the Cottman Avenue project and was not in dispute. The judgment should be reduced accordingly. Thompson, J. P., Bracken, Rubin and Boyers, JJ., concur.

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In consolidated actions to recover damages for alleged overpayments and payments due pursuant to contracts between the parties, the appeal is from a judgment of the Supreme Court, Suffolk County (Vitale, J.), entered June 22, 1982, which, after a nonjury trial, was in favor of respondent in the principal amount of $21,586. Judgment modified, on the facts, so as to reduce the principal sum awarded to $18,873.19. As so modified, judgment affirmed, without costs or disbursements. A review of the record indicates that the judgment was fair and reasonably based on the credible evidence. However, the court inadvertently failed to grant a credit to appellant in the sum of $2,712.81. This credit was due under the Cottman Avenue project and was not in dispute. The judgment should be reduced accordingly. Thompson, J. P., Bracken, Rubin and Boyers, JJ., concur.

J. Petrocelli Construction, Inc. v. Rokmin Concrete Corp., 99 A.D.2d 464, 470 N.Y.S.2d 1011, 1984 N.Y. App. Div. LEXIS 16635 (N.Y. Ct. App. 1984).

Pincite

99 A.D.2d 464 (J. Petrocelli Construction, Inc. v. Rokmin Concrete Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.