Home/Appellate Division of the Supreme Court of New York/Turner Construction Co. v. Rockwood Sprinkler Co. of Massachusetts

Turner Construction Co. v. Rockwood Sprinkler Co. of Massachusetts

249 A.D. 508, 293 N.Y.S. 551, 1937 N.Y. App. Div. LEXIS 9630
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 29, 1937
StatusPublished
Cited by11 cases

This text of 249 A.D. 508 (Turner Construction Co. v. Rockwood Sprinkler Co. of Massachusetts) 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
Turner Construction Co. v. Rockwood Sprinkler Co. of Massachusetts, 249 A.D. 508, 293 N.Y.S. 551, 1937 N.Y. App. Div. LEXIS 9630 (N.Y. Ct. App. 1937).

Opinion

Per Curiam.

We think this action is controlled by the decision in Dudar v. Milef Realty Corp. (258 N. Y. 415), and that the plaintiff is entitled to recover except for expenditures incurred for attorneys’ services, amounting to $2,100, on its previous appeal to this court and to the Court of Appeals. Since those appeals were not taken at the request or on the consent of the appellant, the cost should not have been included in the judgment. (Murphy v. City of Yonkers, 213 N. Y. 124.)

The judgment against the defendant-appellant should be modified by reducing the amount thereof to $11,937.23, and as so modified affirmed, without costs.

Present — Martin, P. J., Townley, Glennon, Untermyer and Dore, JJ.

Judgment unanimously modified by reducing the amount thereof to $11,937.23, and as so modified affirmed, without costs.

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Bluebook (online)
249 A.D. 508, 293 N.Y.S. 551, 1937 N.Y. App. Div. LEXIS 9630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-construction-co-v-rockwood-sprinkler-co-of-massachusetts-nyappdiv-1937.