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American Underground Eng'g, Inc. v. City of Syracuse

UNITED STATES DISTRICT COURT Northern District of New York
Oct 13, 2011
Case number: 5:00-cv-278 (lead) (N.D.N.Y. Oct. 13, 2011)

Opinion

Case number: 5:00-cv-278 (lead) Case number: 5:00-cv-1127 (member)

10-13-2011

American Underground Engineering, Inc. v. City of Syracuse


JUDGMENT IN A CIVIL CASE

X Jury Verdict. This action came before the Court for a trial by jury. The issues have been

tried and the jury has rendered its verdict.

X Decision by Court. This action came to a trial, hearing or motion before the Court. The

issues have been tried or heard and a decision has been rendered.

IT IS ORDERED AND ADJUDGED:

On July 1, 2010 the jury rendered a verdict in favor of the Plaintiff for breach of contract by

the Defendant awarding damages as follows:

Actual job costs for work on project up to time work ceased: $10,759,804.50

Percentage found to compensate for profits and overhead expenses: 15%

15% of actual job costs: $1,613,970.68

Final amount of damages after combining both figures above and then deducting all

payments Plaintiff had already received for work under contract: $7,306,021.64

On October 7, 2011 the Court rendered a post-trial motion decision reducing the amount of

damages awarded by the jury. The Court finds that the jury mistakenly awarded

$1,613,970.68, representing an additional 15% for profits and expenses not realizing that

this percentage was already built into the expense figures. Therefore,

Reduced amount of damages: $5,692,050.96

Further, Defendant's request to reduce the damages award by $379,372.96, represented by

Plaintiff to be home office overhead expenses as a result of the breach of contract is Granted.

TOTAL Reduced amount of damages: $5,312,678.00

Prejudgment interest shall be calculated in accordance with New York State law.

Defendant's motion for judgment as a matter of law, pursuant to Rule 50(b) of the Federal

Rules of Civil Procedure, is Denied.

Defendant's motion for separate findings of fact and conclusions of law pursuant to Rule

52(a)(1) of the Federal Rules of Civil Procedure, is Denied.

All of the above pursuant to a jury verdict rendered on July 1, 2010 before the Hon.

Frederick J. Scullin, Jr. and a motion decision rendered on October 7, 2011 by the Hon.

Frederick J. Scullin, Jr.

Lawrence K. Baerman, Clerk

Barbara J. Woodford

Deputy Clerk


Summaries of

American Underground Eng'g, Inc. v. City of Syracuse

UNITED STATES DISTRICT COURT Northern District of New York
Oct 13, 2011
Case number: 5:00-cv-278 (lead) (N.D.N.Y. Oct. 13, 2011)
Case details for

American Underground Eng'g, Inc. v. City of Syracuse

Case Details

Full title:American Underground Engineering, Inc. v. City of Syracuse

Court:UNITED STATES DISTRICT COURT Northern District of New York

Date published: Oct 13, 2011

Citations

Case number: 5:00-cv-278 (lead) (N.D.N.Y. Oct. 13, 2011)