Legal Opinion

Buckley Construction Corp. v. Hungerford

New York Supreme Court

Decided December 23, 1958PublishedCited by 2 opinions

1Opinion of the CourtFrank Del Vecchio, J.

This is a motion by Hungerford, the defendant in action No. 1 and plaintiff in action No. 2, to consolidate the actions and fix Onondaga County as the place of trial.

Buckley, as plaintiff in action No. 1, seeks to recover damages alleged to have been sustained by Hungerford’s failure to comply with specifications of a written agreement. The action was commenced in Nassau County on October 17, 1958 by the service of a summons without a complaint. The complaint was served on November 21 but issue had not been joined on the date of this motion.

In an action commenced in Onondaga County,…

2Cases cited8 opinions

  1. Vidal v. Sheffield Farms Co.New York Supreme Court · 1955
  2. Lee v. SchmeltzerAppellate Division of the Supreme Court of the State of New York · 1930
  3. Van Devort v. K. & H. Evaporating Co.Appellate Division of the Supreme Court of the State of New York · 1937
  4. Archer v. McIlravyAppellate Division of the Supreme Court of the State of New York · 1903
  5. Scusa v. HoeflerAppellate Division of the Supreme Court of the State of New York · 1940

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3Cited by2 opinions

  1. Buckley Construction Corp. v. HungerfordAppellate Division of the Supreme Court of the State of New York · 1959
  2. Fox v. MontenegroCivil Court of the City of New York · 1969

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