Summary
In Turner Construction Company v. Rockwood Sprinkler Company, 249 App. Div. 508, 293 N YS. 551, the courts of New York held that this identical clause clearly manifested an intention to cover the contractor's liability for its own negligence.
Summary of this case from Turner Construction Company v. Bellmont Iron WorksOpinion
January 29, 1937.
Appeal from Supreme Court of New York County.
Colley E. Williams of counsel [ Forbes D. Shaw with him on the brief; Whitman, Ransom, Coulson Goetz, attorneys], for the appellant.
J.G. Fink of counsel [ Harry N. French with him on the brief; Eidlitz, French Sullivan, attorneys], for the respondent.
Present — MARTIN, P.J., TOWNLEY, GLENNON, UNTERMYER and DORE, JJ.
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.
Judgment unanimously modified by reducing the amount thereof to $11,937.23, and as so modified affirmed, without costs.