Legal Opinion
Louis de Boll Iron Works, Ltd. v. Webb & Knapp, Inc.
New York Supreme Court
Decided August 27, 1962PublishedCited by 4 opinions
1Opinion of the CourtAbraham J. Gellinoff, J.
In its decision on this motion dated August 22, 1962, the court in granting the motion directed that damages be assessed. This was erroneous. The plaintiff is *217suing for a stated sum, and the defendant has acknowledged that such sum is due, subject to its counterclaim. Since the counterclaim has been dismissed, there is no need for an assessment of damages. Accordingly, the decision dated August 22, 1962 is recalled and the decision is as follows:
This is a motion for judgment on the pleadings and for summary judgment. The first cause of action is to foreclose a mechanic’s lien. The second…
2Cases cited2 opinions
- Amazon Management Corp. v. PaffAppellate Terms of the Supreme Court of New York · 1938
- Linker v. HerardAppellate Terms of the Supreme Court of New York · 1958
3Cited by4 opinions
- Sage Realty Corp., Plaintiff-Appellee-Cross-Appellant v. Insurance Company of North America, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1994
- Laub v. Genway Corp.District Court, S.D. New York · 1973
- Middletown Plaza Associates v. Dora Dale of Middletown, Inc.District Court, D. Connecticut · 1985
- Chemical Bank New York Trust Co. v. BatterAppellate Division of the Supreme Court of the State of New York · 1969