Appellate Division of the Supreme Court of New York, 1916

Queen City Brick Co. v. Levine

Queen City Brick Co. v. Levine
Appellate Division of the Supreme Court of New York · Decided June 15, 1916
174 A.D. 903; 159 N.Y.S. 1138
Queen City Brick Co. v. Levine

Opinion of the Court

Judgment affirmed, with one bill of costs. Held, (1) That the finding of the trial court that the delay was occasioned by the fault of both the owner and contractor is sustained in the proof and destroys all force of the stipulated damage clause in the contract. (Mosler Safe Co. v. Maiden Lane S. D. Co., 199 N. Y. 479.) (2) That inasmuch as the total claims allowed, with interest, do not equal the amount unpaid on the contract and for extras, the allowance of interest presents no error. All concurred.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.