Legal Opinion

Morse/Diesel, Inc. v. Trinity Industries, Inc.

District Court, S.D. New York

Decided December 21, 1994No. 84 Civ. 5791 (LAP)PublishedCited by 18 opinions

1Opinion of the Court

OPINION and ORDER

PRESEA, District Judge:

This is an action in which the plaintiff general contractor seeks to recover costs associated with the untimely completion of one of its subcontractor’s work from the subcontractor and the subcontractor’s surety company. After a six-week trial held earlier this year, a jury found defendants liable to plaintiff for approximately $25.8 million in compensatory damages.

Presently before me are three motions. Defendant Aetna Insurance Company (“Aetna”) seeks relief from the jury’s verdict through a motion for a new trial pursuant to Fed.R.Civ.P. 59. Plaintiff…

2Cases cited50 opinions

  1. United States v. FradySupreme Court of the United States · 1982
  2. Palmer v. HoffmanSupreme Court of the United States · 1943
  3. New York State Association for Retarded Children, Inc. v. Hugh L. Carey, Individually and as Governor of the State of New YorkCourt of Appeals for the Second Circuit · 1983
  4. Marc J. Anderson & Jeffrey E. Grubb v. Dennis Branen, Ross Kindestin, Ed WisniefskiCourt of Appeals for the Second Circuit · 1994
  5. Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989

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3Cited by18 opinions

  1. United States Fidelity And Guaranty Company v. Braspetro Oil Services CompanyCourt of Appeals for the Second Circuit · 2004
  2. Murphy v. Stowe Club HighlandsSupreme Court of Vermont · 2000
  3. RLI Insurance v. King Sha GroupDistrict Court, S.D. New York · 2009
  4. KSW Mechanical Services v. Johnson Controls, Inc.District Court, E.D. New York · 2014
  5. North Moore Street Developers, LLC v. Meltzer/Mandl Architects, P.C.Appellate Division of the Supreme Court of the State of New York · 2005

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