Marco M. Frisone, Inc. v. Paul Borg Construction Co.

Appellate Division of the Supreme Court of New York

Marco M. Frisone, Inc. v. Paul Borg Construction Co.

40 A.D.2d 589, 335 N.Y.S.2d 373, 1972 N.Y. App. Div. LEXIS 4099

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

DecidedJuly 6, 1972

DocketAppeal No. 1

StatusPublished

Cited by1 cases

This text of 40 A.D.2d 589 (Marco M. Frisone, Inc. v. Paul Borg Construction 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.

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Marco M. Frisone, Inc. v. Paul Borg Construction Co., 40 A.D.2d 589, 335 N.Y.S.2d 373, 1972 N.Y. App. Div. LEXIS 4099 (N.Y. Ct. App. 1972).

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Opinion

Judgment unanimously modified on the law and facts in accordance with memorandum and as modified affirmed, with costs to plaintiff-appellant. Memorandum: It was an improvident exercise of discretion to deny interest and costs. The record is devoid of any equitable reason for denying such relief (5 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 5001.06; National Bank of North Amer. v. Marine Midland Grace Trust Co. of N. Y., 33 A D 2d 678). Interest on the award should be computed from April 17, 1968. Furthermore, the judgment below should have been, with costs. (Appeal from judgment of Monroe Trial Term in action for damages for breach of contract and to foreclose mechanic’s lien.) Present — Del Vecchio, J. P., Witmer, Gabrielli, Moule and Cardamone, JJ.

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Judgment unanimously modified on the law and facts in accordance with memorandum and as modified affirmed, with costs to plaintiff-appellant. Memorandum: It was an improvident exercise of discretion to deny interest and costs. The record is devoid of any equitable reason for denying such relief (5 Weinstein-Korn-Miller, N. Y. Civ. Prac., par. 5001.06; National Bank of North Amer. v. Marine Midland Grace Trust Co. of N. Y., 33 A D 2d 678). Interest on the award should be computed from April 17, 1968. Furthermore, the judgment below should have been, with costs. (Appeal from judgment of Monroe Trial Term in action for damages for breach of contract and to foreclose mechanic’s lien.) Present — Del Vecchio, J. P., Witmer, Gabrielli, Moule and Cardamone, JJ.

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40 A.D.2d 589, 335 N.Y.S.2d 373, 1972 N.Y. App. Div. LEXIS 4099, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marco-m-frisone-inc-v-paul-borg-construction-co-nyappdiv-1972.

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