Legal Opinion
R. J. Marshall, Inc. v. Turner Construction Co.
New York Supreme Court
Decided December 30, 1954PublishedCited by 6 opinions
1Opinion of the CourtEager, J.
This is a motion by defendant to strike this action from the jury calendar and to place it upon the nonjury calendar for trial. The defendant claims- that the plaintiff has waived its right to a jury trial.
The original complaint in this action, which was served on October 11,1954, contained five causes of action. The first four were in the category of causes of action at law, including causes to recover moneys alleged to be due under a building and construction contract, to recover for extra work and materials, and to recover damages for breach of the contract, and the fifth cause of action…
2Cases cited15 opinions
- Alsens American Portland Cement Works v. Degnon Contracting Co.New York Court of Appeals · 1917
- Di Menna v. . Cooper Evans Co.New York Court of Appeals · 1917
- Baird v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1878
- Abbott v. . EastonNew York Court of Appeals · 1909
- McNulty v. Mount Morris Electric Light Co.New York Court of Appeals · 1902
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3Cited by6 opinions
- Grafton Partners L.P. v. Superior CourtCalifornia Supreme Court · 2005
- In re the Estate of NelsonNew York Surrogate's Court · 1980
- Clark v. Garth, New York County Courts1971
- Gardner & North Roofing & Siding Corp. v. ChampagneSyracuse City Court · 1965
- R. J. Marshall, Inc. v. Turner Construction Co.Appellate Division of the Supreme Court of the State of New York · 1955
1 more not listed; retrieve them via the Exa API.