[Download] "Krear v. Nineteen Named Trustees" by United States Court of Appeals for the Second Circuit # Book PDF Kindle ePub Free

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eBook details

• Title: Krear v. Nineteen Named Trustees
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 20, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 79 KB

Description

Defendants Nineteen Named Trustees ("Trustees") appeal from a final judgment entered in the United States District Court for the Southern District of New York, Shirley Wohl Kram, Judge, following a jury trial on certain issues and a bench trial on other issues. The judgment (1) awarded plaintiff F.H. Krear & Co. ("Krear") $363,183, including prejudgment interest, for the Trustees breach of contract, (2) awarded third-party-defendant Anthony Grauso $53,104, including prejudgment interest, for the Trustees breach of contract, and (3) awarded Krear a total of $452,820 in attorneys fees and expenses, pursuant to a contract provision. A prior attempt by the Trustees to appeal the first two awards was dismissed for lack of appellate jurisdiction since a decision had not yet been rendered on the contract claim for attorneys fees. See F.H. Krear & Co. v. Nineteen Named Trustees, 776 F.2d 1563 (2d Cir. 1985). On this appeal, the Trustees challenge all of the above awards, contending principally that the court made a variety of errors in its trial rulings and erred in both the awarding and the calculation of attorneys fees to Krear. For the reasons below, we affirm so much of the judgment as awarded damages, plus interest, of $363,183 to Krear and $53,104 to Grauso; we vacate the award of attorneys fees and remand for entry of a modified judgment awarding Krear $261,518 in attorneys fees and expenses, upon the condition set forth in Part II.C.5. below.

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