Legal Opinion

Bayonne Block Co. v. Porco

Civil Court of the City of New York

Decided November 26, 1996PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Doris Ling-Cohan, J.

Defendant moves for an order pursuant to CPLR 3015 (e); 3211 (a) (7) and Business Corporation Law § 1312 striking the complaint or, in the alternative, vacating the notice of trial for lack of discovery, and imposing sanctions against plaintiff.

Plaintiff commenced this action to receive monies it is allegedly owed for providing construction materials to Mulford Construction Corp. (Mulford). Defendant Frank T. Porco (Porco) is named as a defendant pursuant to a guaranty of payment he executed.

This motion presents two interesting questions: (1) whether…

2Cases cited9 opinions

  1. B & F Building Corp. v. LiebigNew York Court of Appeals · 1990
  2. International Fuel & Iron Corp. v. Donner Steel Co.New York Court of Appeals · 1926
  3. Bassett v. Bando Sangsa Co.Appellate Division of the Supreme Court of the State of New York · 1984
  4. William L. Bonnell Co. v. KatzNew York Supreme Court · 1960
  5. Colonial Mortgage Co. v. First Federal Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1977

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3Cited by1 opinion

  1. NCSPlus Inc. v. WBR Management Corp.New York Supreme Court · 2012

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