M. Eisenberg & Bros. v. White Plains Housing Authority

Appellate Division of the Supreme Court of New York

M. Eisenberg & Bros. v. White Plains Housing Authority

55 A.D.2d 599, 389 N.Y.S.2d 390, 1976 N.Y. App. Div. LEXIS 15303

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

DecidedDecember 6, 1976

StatusPublished

This text of 55 A.D.2d 599 (M. Eisenberg & Bros. v. White Plains Housing Authority) 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

M. Eisenberg & Bros. v. White Plains Housing Authority, 55 A.D.2d 599, 389 N.Y.S.2d 390, 1976 N.Y. App. Div. LEXIS 15303 (N.Y. Ct. App. 1976).

Pincite

Opinion

In an action by an electrical contractor against an owner to recover damages for breach of contract, wherein the owner asserted a third-party action against the general contractor and the bonding company, the third-party defendants appeal from a judgment of the Supreme Court, Westchester County, entered October 28, 1975, which is in favor of the third-party plaintiff and against them, upon a jury verdict. Judgment affirmed, with costs. The per diem liquidated damages clause was intended to cover the owner’s damages for delay beyond the completion date. On the other hand, the indemnity clause was intended to indemnify the owner if it were held vicariously liable to one contractor for the neglectful actions of another contractor. Here the indemnity clause applied, unfettered by any liquidated per diem limitation. Latham, Acting P. J., Damiani, Hawkins and O’Connor, JJ., concur.

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

In an action by an electrical contractor against an owner to recover damages for breach of contract, wherein the owner asserted a third-party action against the general contractor and the bonding company, the third-party defendants appeal from a judgment of the Supreme Court, Westchester County, entered October 28, 1975, which is in favor of the third-party plaintiff and against them, upon a jury verdict. Judgment affirmed, with costs. The per diem liquidated damages clause was intended to cover the owner’s damages for delay beyond the completion date. On the other hand, the indemnity clause was intended to indemnify the owner if it were held vicariously liable to one contractor for the neglectful actions of another contractor. Here the indemnity clause applied, unfettered by any liquidated per diem limitation. Latham, Acting P. J., Damiani, Hawkins and O’Connor, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

55 A.D.2d 599, 389 N.Y.S.2d 390, 1976 N.Y. App. Div. LEXIS 15303, Counsel Stack Legal Research, https://law.counselstack.com/opinion/m-eisenberg-bros-v-white-plains-housing-authority-nyappdiv-1976.