Kosser v. Delma Engineering Corp.

Appellate Division of the Supreme Court of New York

Kosser v. Delma Engineering Corp.

7 A.D.2d 731, 181 N.Y.S.2d 191, 1958 N.Y. App. Div. LEXIS 4108

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

DecidedDecember 1, 1958

StatusPublished

This text of 7 A.D.2d 731 (Kosser v. Delma Engineering 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

Kosser v. Delma Engineering Corp., 7 A.D.2d 731, 181 N.Y.S.2d 191, 1958 N.Y. App. Div. LEXIS 4108 (N.Y. Ct. App. 1958).

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Opinion

In an action to recover for work, labor and services performed and materials furnished, the prosecution of which has been stayed by this court pending arbitration (Matter of Delma Eng. Corp. \K & L Constr. Co.], 6 A D 2d 710), the appeal is from an order denying appellants’ motion for partial summary judgment based on admissions of the respondent. Order affirmed, without costs, and without prejudice to (1) an application to amend this court’s decision on the prior appeal (Matter of Delma Eng. Corp. [K & L Constr. Co.], supra), so as to limit the stay to the net amount actually in controversy between the parties, namely $54,026.01, and (2) a new application, in the event this court so amends its decision, for partial summary judgment as to the $12,411.53 which in its answer respondent has tendered to the appellants and which has been admitted to be the balance due them in excess of all the offsets claimed by respondent. Wenzel, Acting P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ., concur.

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In an action to recover for work, labor and services performed and materials furnished, the prosecution of which has been stayed by this court pending arbitration (Matter of Delma Eng. Corp. \K & L Constr. Co.], 6 A D 2d 710), the appeal is from an order denying appellants’ motion for partial summary judgment based on admissions of the respondent. Order affirmed, without costs, and without prejudice to (1) an application to amend this court’s decision on the prior appeal (Matter of Delma Eng. Corp. [K & L Constr. Co.], supra), so as to limit the stay to the net amount actually in controversy between the parties, namely $54,026.01, and (2) a new application, in the event this court so amends its decision, for partial summary judgment as to the $12,411.53 which in its answer respondent has tendered to the appellants and which has been admitted to be the balance due them in excess of all the offsets claimed by respondent. Wenzel, Acting P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ., concur.

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Bluebook (online)

7 A.D.2d 731, 181 N.Y.S.2d 191, 1958 N.Y. App. Div. LEXIS 4108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kosser-v-delma-engineering-corp-nyappdiv-1958.