Legal Opinion

McCabe v. Queensboro Farm Products, Inc.

New York Court of Appeals

Decided May 29, 1968PublishedCited by 7 opinions

1Opinion of the Court

Chief Judge Fuld.

The history of this litigation, a simple dause of action in negligence, has been long and tortured. It appears that it has involved no less than nine separate proceed- . ings in the Supreme Court (including two full trials), six appeals to the Appellate Division and is now before this court for the third time. The present appeal, brought nearly 11 years after the action was commenced, is from an order granting a motion to dismiss the third-party complaint on the ground that the cause of action has not yet matured.

The case arose out of an accident at a construction site in…

2Cases cited3 opinions

  1. 755 Seventh Avenue Corp. v. CarrollNew York Court of Appeals · 1935
  2. 125 West 45th St. Restaurant Corp. v. Framax Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1937
  3. First National Bank of New York v. Bankers Trust Co.New York Supreme Court · 1934

3Cited by7 opinions

  1. Mid-Hudson Catskill Rural Migrant Ministry, Inc., Plaintiff-Appellant-Cross-Appellee v. Fine Host Corporation, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 2005
  2. Bank of India v. Trendi Sportswear, Inc.Court of Appeals for the Second Circuit · 2000
  3. McCabe v. Queensboro Farm Prods.New York Court of Appeals · 1968
  4. Lehman Brothers Holdings, Inc. v. Evergreen Moneysource Mortgage Co.District Court, W.D. Washington · 2011
  5. Madeira v. Affordable Housing Foundation, Inc.Court of Appeals for the Second Circuit · 2009

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