Robert Mechanical Corp. v. C. A. V. Enterprises, Inc.

Appellate Division of the Supreme Court of New York

Robert Mechanical Corp. v. C. A. V. Enterprises, Inc.

65 A.D.2d 787, 410 N.Y.S.2d 324, 1978 N.Y. App. Div. LEXIS 13650

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

DecidedNovember 20, 1978

StatusPublished

This text of 65 A.D.2d 787 (Robert Mechanical Corp. v. C. A. V. Enterprises, Inc.) 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

Robert Mechanical Corp. v. C. A. V. Enterprises, Inc., 65 A.D.2d 787, 410 N.Y.S.2d 324, 1978 N.Y. App. Div. LEXIS 13650 (N.Y. Ct. App. 1978).

Pincite

Opinion

—In an action, inter alia, on a contract, plaintiff appeals from so much of a judgment of the Supreme Court, Nassau County, entered November 21, 1977, as, after a nonjury trial, dismissed the complaint as against defendant C. A. V. Enterprises, Inc., and granted the said defendant judgment on its counterclaim for money damages. Judgment modified, on the facts, by reducing the principal amount awarded defendant C. A. V. Enterprises, Inc., in the second decretal paragraph thereof to $2,834.88. As so modified, judgment affirmed insofar as appealed from, with [788]*788costs to respondent, and action remitted to Special Term for entry of an appropriate amended judgment. Respondent failed to prove that the lubricator gas cock, which was installed by November, 1973, approximately two years before it was replaced, was defective when installed. It is equally possible that the defect was subsequently caused by an independent source. Accordingly, damages were improperly awarded for that item. Mollen, P. J., Latham, Damiani and Titone, JJ., concur.

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—In an action, inter alia, on a contract, plaintiff appeals from so much of a judgment of the Supreme Court, Nassau County, entered November 21, 1977, as, after a nonjury trial, dismissed the complaint as against defendant C. A. V. Enterprises, Inc., and granted the said defendant judgment on its counterclaim for money damages. Judgment modified, on the facts, by reducing the principal amount awarded defendant C. A. V. Enterprises, Inc., in the second decretal paragraph thereof to $2,834.88. As so modified, judgment affirmed insofar as appealed from, with [788]*788costs to respondent, and action remitted to Special Term for entry of an appropriate amended judgment. Respondent failed to prove that the lubricator gas cock, which was installed by November, 1973, approximately two years before it was replaced, was defective when installed. It is equally possible that the defect was subsequently caused by an independent source. Accordingly, damages were improperly awarded for that item. Mollen, P. J., Latham, Damiani and Titone, JJ., concur.

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Bluebook (online)

65 A.D.2d 787, 410 N.Y.S.2d 324, 1978 N.Y. App. Div. LEXIS 13650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-mechanical-corp-v-c-a-v-enterprises-inc-nyappdiv-1978.