Werzberger v. Union Hill Construction Corp.

Appellate Division of the Supreme Court of New York

Werzberger v. Union Hill Construction Corp.

37 A.D.2d 984, 327 N.Y.S.2d 605, 1971 N.Y. App. Div. LEXIS 2979

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

DecidedNovember 22, 1971

StatusPublished

This text of 37 A.D.2d 984 (Werzberger v. Union Hill 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

Werzberger v. Union Hill Construction Corp., 37 A.D.2d 984, 327 N.Y.S.2d 605, 1971 N.Y. App. Div. LEXIS 2979 (N.Y. Ct. App. 1971).

Pincite

Opinion

—Appeal by plaintiffs from an order-judgment of the Supreme Court, Rockland County, dated December 10, 1970, which, after a hearing, awarded defendant Union Hill Construction Corp. damages against plaintiffs as a result of a stay which had been granted (upon an undertaking filed by plaintiffs) pending a prior appeal by plaintiffs. Judgment reversed, on the law and the facts, without costs, and defendants’ motion for an award of damages is denied. We are not convinced that defendants, by a fair preponderance of the credible evidence, established the items of damage claimed by them. Furthermore, we credit the testimony of plaintiff Solomon Werzberger that he offered defendants in the area of $55,000 for the house and that defendants refused the offer. Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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—Appeal by plaintiffs from an order-judgment of the Supreme Court, Rockland County, dated December 10, 1970, which, after a hearing, awarded defendant Union Hill Construction Corp. damages against plaintiffs as a result of a stay which had been granted (upon an undertaking filed by plaintiffs) pending a prior appeal by plaintiffs. Judgment reversed, on the law and the facts, without costs, and defendants’ motion for an award of damages is denied. We are not convinced that defendants, by a fair preponderance of the credible evidence, established the items of damage claimed by them. Furthermore, we credit the testimony of plaintiff Solomon Werzberger that he offered defendants in the area of $55,000 for the house and that defendants refused the offer. Shapiro, Acting P. J., Gulotta, Christ, Brennan and Benjamin, JJ., concur.

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Bluebook (online)

37 A.D.2d 984, 327 N.Y.S.2d 605, 1971 N.Y. App. Div. LEXIS 2979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/werzberger-v-union-hill-construction-corp-nyappdiv-1971.