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FENLEY v. AM. BRIDGE DIV. OF U. S. STEEL CORP.

51 A.D.2d 522 (1976)

Jean Fenley, as Administratrix of Estate of Donald Fenley, Deceased Respondent, v. American Bridge Division of U. S. Steel Corp., Appellant-Respondent, and A. Munder & Son, Inc., Appellant, et al., Defendant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 22, 1976

If the plaintiff-respondent consents to the reduction, the judgment as so amended and reduced is affirmed, without costs or disbursements. The amount awarded by the jury is excessive and a judgment exceeding the amount indicated is not warranted on this record. On this record, moreover, the trial court properly declined to allow counsel fees as an element of damages under the indemnity agreement. The order entered March 19, 1975...

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