Rodgers v. H. S. Kerbaugh, Inc.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, H. S. Kerbaugh, Incorporated, and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of September, 1916, denying their motion to require plaintiff separately to state and number the causes of action set forth in the complaint.
1Opinion of the Court
Dowling, J.:
The complaint herein sets forth at length the history of the transactions between plaintiff and the defendants, H. S. Kerbaugh, Inc., Kerbaugh-Empire Company, Henry S. Kerbaugh and Edward D. Adams, having to do with a certain contract known as No. 9 entered into between plaintiff and his son, James M. Rodgers, and John J. Hagerty, of the one part, and the board of water supply of the city of New York, of the other, for the building of the Kensico dam and appurtenant works in the towns of Mount Pleasant, Harrison and North Castle, Westchester county, N. Y., for the aggregate amount…
2Cited by4 opinions
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