Legal Opinion
Berley Industries, Inc. v. City of New York
New York Court of Appeals
Decided November 30, 1978PublishedCited by 78 opinions
1Opinion of the Court
OPINION OF THE COURT
Fuchsberg, J.
This action for breach of a construction contract addresses the circumstances in which a mathematically stated rule, such as the so-called "Eichleay formula”,1 may be applied to determine the amount of home office overhead, if any, which may be included in arriving at a contractor’s delay damages.
Plaintiff, Berley Industries, was the heating, ventilating, and air conditioning contractor for a combined 48th precinct police station and firehouse then being constructed by the City of New York. The contract price was in excess of $472,000. It is conceded that, for…
2Cases cited11 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Bigelow v. RKO Radio Pictures, Inc.Supreme Court of the United States · 1946
- Duane Jones Co. v. BurkeNew York Court of Appeals · 1954
- In re the Estate of RothkoNew York Court of Appeals · 1977
- Reynolds Securities, Inc. v. Underwriters Bank & Trust Co.New York Court of Appeals · 1978
6 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- Sequa Corp. v. GBJ Corp.Court of Appeals for the Second Circuit · 1998
- Lifewise Master Funding v. TelebankCourt of Appeals for the Tenth Circuit · 2004
- Arch Insurance v. Precision Stone, Inc.Court of Appeals for the Second Circuit · 2009
- Trademark Research Corporation, Plaintiff-Appellee-Cross-Appellant v. Maxwell Online, Inc., Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1993
- Wolff & Munier, Inc., Plaintiff-Appellant-Cross-Appellee v. The Whiting-Turner Contracting Company, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1991
73 more not listed; retrieve them via the Exa API.