Legal Opinion
Board of Education, Utica School District No. 1 v. Delle Cese
New York Supreme Court
Decided February 11, 1971PublishedCited by 5 opinions
1Opinion of the CourtJ. Robert Lynch, J.
The defendant S ’Doia herein moves for summary judgment dismissing the complaint on the grounds raised by his affirmative defenses that: (1) any claim against him has been discharged by the plaintiff’s acceptance of his work and final payment to him; (2) arbitration is by contractual necessity a condition precedent to suit and that the time to demand arbitration has expired; (3) the plaintiff by receiving payment of its damages through insurance has waived its right to seek damages from him. S’Doia also moves for summary judgment dismissing the defendant Delle Cese’s cross claim against him…
2Cases cited7 opinions
- Matter of Zimmerman v. . CohenNew York Court of Appeals · 1923
- Mtr. of River Brand Rice Mills v. Latrobe Brew. Co.New York Court of Appeals · 1953
- American Reserve Insurance v. China InsuranceNew York Court of Appeals · 1948
- Matter of Haupt v. RoseNew York Court of Appeals · 1934
- Nagy v. Arcas Brass & Iron Co.New York Court of Appeals · 1926
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Hogeland v. SibleyNew York Court of Appeals · 1977
- Ralph Korte Construction Co. v. Springfield Mechanical Co.Appellate Court of Illinois · 1977
- St. Vincent's Medical Center v. Vincent E. Iorio, Inc.New York Supreme Court · 1974
- Heimlich v. Charlton Lithographing, Inc.New York Supreme Court · 1979
- Deneen v. City of New YorkCivil Court of the City of New York · 1980