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Jimico Enters. Inc. v. Lehigh Gas Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
Oct 14, 2011
CASE NUMBER: 1:07-cv-578 (GTS/RFT) (N.D.N.Y. Oct. 14, 2011)

Opinion

CASE NUMBER: 1:07-cv-578 (GTS/RFT)

10-14-2011

JIMICO ENTERPRISES, INC. and BROWNSON ENTERPRISES, INC. v. LEHIGH GAS CORPORATION


AMENDED JUDGMENT IN A CIVIL CASE

Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

IT IS ORDERED AND ADJUDGED that Defendant's motion for partial summary judgment (Dkt. No. 42) is GRANTED in part and DENIED in part; and

IT IS ORDERED AND ADJUDGED that Plaintiffs' cross-motion for summary judgment (Dkt. No. 44) on liability regarding Defendant's improper notice is GRANTED; and

IT IS ORDERED AND ADJUDGED that Plaintiff Jimico Enterprises, Inc. is awarded $120,461.38; and

IT IS ORDERED AND ADJUDGED that Plaintiff Brownson Enterprises, Inc. is awarded a total of $51,431.38 to be offset by the amount awarded to Defendant/Counter-Plaintiff Lehigh as set forth below; and

IT IS ORDERED AND ADJUDGED that Defendant/Counter-Plaintiff Lehigh's motion for summary judgment on its counterclaims is GRANTED in part and DENIED in part in the following respects (1) Lehigh's counterclaim for breach-of-contract against Plaintiff Brownson and Peter Brownson, as the guarantor, is GRANTED and Lehigh is awarded $84,889.72 to be offset by the amount awarded to Plaintiff Brownson as set forth above in the amount of $51,431.38. The remaining balance owed by Plaintiff Brownson due to Defendant/Counter-Plaintiff Lehigh is $33,458.34; (2) Lehigh's counterclaim for unjust enrichment is DENIED; and (3) Lehigh's request for attorney's fees, pursuant to the TFA, is GRANTED; and

IT IS ORDERED AND ADJUDGED that Plaintiffs' motion for attorney's fees, paralegal fees, and expert fees is GRANTED in part and DENIED in part in that Plaintiffs are awarded a total of $289,320.00 in attorney's fees, $9,763.84 in paralegal fees, and $21,622.93 in expert fees; and

IT IS ORDERED AND ADJUDGED that Plaintiffs' motion for costs is GRANTED in part and DENIED in part in that Plaintiffs are awarded a total of $12,982.63 in costs; and

IT IS ORDERED AND ADJUDGED that Plaintiff Brownson's motion for pre- and post-judgment interest is DENIED; and Plaintiff Jimico's motion for pre-judgment interest is GRANTED in part and DENIED in part in that Plaintiff Jimico is awarded $53,449.85 in pre-judgment interest; and (3) Plaintiff Jimico's motion for post-judgment interest is GRANTED at the rate of 0.10%, accruing from 9/30/11.

All of the above pursuant to the memorandum-decision and orders of the Honorable Judge Glenn T. Suddaby dated July 27, 2010 (Dkt. No. 68), October 14, 2010 (Dkt No. 82), September 30, 2011 (Dkt No. 117) and October 14, 2011 (Dkt. 120).

Clerk of Court

L. Welch

Deputy Clerk


Summaries of

Jimico Enters. Inc. v. Lehigh Gas Corp.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
Oct 14, 2011
CASE NUMBER: 1:07-cv-578 (GTS/RFT) (N.D.N.Y. Oct. 14, 2011)
Case details for

Jimico Enters. Inc. v. Lehigh Gas Corp.

Case Details

Full title:JIMICO ENTERPRISES, INC. and BROWNSON ENTERPRISES, INC. v. LEHIGH GAS…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

Date published: Oct 14, 2011

Citations

CASE NUMBER: 1:07-cv-578 (GTS/RFT) (N.D.N.Y. Oct. 14, 2011)