Davis Acoustical Corp. v. Hanover Insurance
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtHerlihy, J.
This appeal is from an order and judgment which granted summary judgment for the cost of labor and material and an additional 25% of the amount of the claim for attorney fees. The plaintiff was a subcontractor of North American Contracting Company. The contract between them contained a clause that in the event it was necessary to refer any claim to an attorney, the plaintiff would be entitled to an additional 25% of the claim for attorney fees. The North American Contracting Company, in the performance of its contract, encountered financial difficulties and the defendant surety became…
2Cases cited2 opinions
- People v. . BackusNew York Court of Appeals · 1889
- Richardson v. . County of SteubenNew York Court of Appeals · 1919
3Cited by11 opinions
- NEWARK LABORERS' v. Comm. Union Ins. Co.New Jersey Superior Court Appellate Division · 1973
- Lynbrook Glass & Architectural Metals Corp. v. Elite Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
- Am-Haul Carting, Inc. v. Contractors Casualty & Surety Co.District Court, S.D. New York · 1998
- Greenblatt v. Delta Plumbing & Heating Corp.District Court, S.D. New York · 1994
- General Authority for Supply Commodities v. Insurance Co. of North AmericaDistrict Court, S.D. New York · 1997
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