BERLEY INDUS., INC. v. CITY OF NEW YORK


59 A.D.2d 664 (1977)

Berley Industries, Inc., Respondents, v. City of New York, Appellant

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

October 6, 1977


Affirmed, without costs and without disbursements.

It is undisputed that the trial court submitted both the "Eichleay formula," advanced by plaintiff-respondent as a basis for computing that portion of damage relating to overhead attributable to delay caused by defendant-appellant city, as well as the formula advanced by the city's expert, both in clear and unexceptionable language. It is, however, the city's position that the Eichleay formula is without validity...

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