Legal Opinion
McNally International Corp. v. New York Infirmary—Beekman Downtown Hospital
Appellate Division of the Supreme Court of the State of New York
Decided December 29, 1988PublishedCited by 7 opinions
1Opinion of the Court
— In an action to recover damages for breach of contract, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Vinik, J.), dated November 16, 1987, as denied that branch of its motion which was for summary judgment in its favor on the complaint and granted the defendant’s cross motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
We agree with the Supreme Court that the instant action is barred by the previous arbitration proceeding and award. It is well settled that…
2Cases cited5 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- In re the Claim of RanniNew York Court of Appeals · 1982
- Ecker v. LernerAppellate Division of the Supreme Court of the State of New York · 1986
- Central Water Heater & Sales Corp. v. AdlerAppellate Division of the Supreme Court of the State of New York · 1987
- Taylor v. AshbyAppellate Division of the Supreme Court of the State of New York · 1987
3Cited by7 opinions
- Burdick Associates Owners Corp. v. Indemnity Insurance Co. of North AmericaAppellate Division of the Supreme Court of the State of New York · 1990
- JSC Securities, Inc. v. GebbiaDistrict Court, S.D. New York · 1998
- Simmons v. Trans Express Inc.District Court, E.D. New York · 2019
- Spasiano v. Provident Mutual Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2003
- Matter of Haberman v. Zoning Bd. of Appeals of City of Long BeachAppellate Division of the Supreme Court of the State of New York · 2014
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