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BERLEY INDS. v. CITY OF N.Y.

45 N.Y.2d 683 (1978)

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

Court of Appeals of the State of New York.

Decided November 30, 1978.

Attorney(s) appearing for the Case

W. Bernard Richland, Corporation Counsel (James P. Griffin and L. Kevin Sheridan of counsel), for appellant.

Eli Saul Cohn and Franklin E. Tretter for respondent.

Judges GABRIELLI, WACHTLER, and COOKE concur with Judge FUCHSBERG; Judge JONES concurs in a separate opinion in which Chief Judge BREITEL and Judge JASEN concur.

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...

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