Republic Insurance v. Amin Construction Corp.

Appellate Division of the Supreme Court of New York

Republic Insurance v. Amin Construction Corp.

78 A.D.2d 886, 433 N.Y.S.2d 44, 1980 N.Y. App. Div. LEXIS 13615

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

DecidedNovember 17, 1980

StatusPublished

This text of 78 A.D.2d 886 (Republic Insurance v. Amin Construction 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

Republic Insurance v. Amin Construction Corp., 78 A.D.2d 886, 433 N.Y.S.2d 44, 1980 N.Y. App. Div. LEXIS 13615 (N.Y. Ct. App. 1980).

Pincite

Opinion

In an action, inter alia, to recover under an indemnity agreement, the appeal is from a judgment of the Supreme Court, Richmond County, dated October 4, 1979 in favor of the plaintiff in the principal sum of $14,730 (we deem the notice of appeal to be a premature notice from the judgment [CPLR 5520, subd (c)]). Judgment and order dated August 8, 1979 (upon which said judgment was entered), reversed, on the law, without costs or disbursements, summary judgment is granted to plaintiff only as to liability and matter remanded to the Supreme Court, Richmond County, for further proceedings consistent herewith. Defendants obtained a performance bond from plaintiff, whereby plaintiff guaranteed to the New York City Department of Water Resources the completion of sewer facilities for a residential development on Staten Island. In a separate agreement defendants agreed to indemnify plaintiff for any liability which it might incur as a result of the bond. After defendants failed to complete the sewer facilities, plaintiff did so upon demand by the city agency. The reasonableness of the cost of completion, the premiums due on the insurance [887]*887contract, and the attorney’s fees incurred to prosecute this action, represent issues of fact that cannot be resolved solely on the basis of the proof submitted. Thus, the matter is remanded for an assessment of damages. Titone, J. P., Gibbons, Hargett and O’Connor, JJ., concur.

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In an action, inter alia, to recover under an indemnity agreement, the appeal is from a judgment of the Supreme Court, Richmond County, dated October 4, 1979 in favor of the plaintiff in the principal sum of $14,730 (we deem the notice of appeal to be a premature notice from the judgment [CPLR 5520, subd (c)]). Judgment and order dated August 8, 1979 (upon which said judgment was entered), reversed, on the law, without costs or disbursements, summary judgment is granted to plaintiff only as to liability and matter remanded to the Supreme Court, Richmond County, for further proceedings consistent herewith. Defendants obtained a performance bond from plaintiff, whereby plaintiff guaranteed to the New York City Department of Water Resources the completion of sewer facilities for a residential development on Staten Island. In a separate agreement defendants agreed to indemnify plaintiff for any liability which it might incur as a result of the bond. After defendants failed to complete the sewer facilities, plaintiff did so upon demand by the city agency. The reasonableness of the cost of completion, the premiums due on the insurance [887]*887contract, and the attorney’s fees incurred to prosecute this action, represent issues of fact that cannot be resolved solely on the basis of the proof submitted. Thus, the matter is remanded for an assessment of damages. Titone, J. P., Gibbons, Hargett and O’Connor, JJ., concur.

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Bluebook (online)

78 A.D.2d 886, 433 N.Y.S.2d 44, 1980 N.Y. App. Div. LEXIS 13615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/republic-insurance-v-amin-construction-corp-nyappdiv-1980.