Legal Opinion
Frank M. Herbert, Jr., Inc. v. M & P Scrap Iron & Metal Corp.
Civil Court of the City of New York
Decided May 17, 1963PublishedCited by 1 opinion
1Opinion of the CourtThomas J. Mirabile, J.
The above action came on for trial before me with a jury at which time by consent of both parties a mistrial was declared. It was also agreed by counsel for both parties that the matter remain with me as a motion on behalf of plaintiff for summary judgment pursuant to rule 113 of the Rules of Civil Practice and a cross motion on behalf of the defendant for an order pursuant to rules 107,112 and 113 of the Rules of Civil Practice, striking out plaintiff’s complaint and for judgment in favor of defendant. Pursuant to the above-mentioned agreement and pursuant to a written stipulation both…
2Cases cited10 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Good Health Dairy Products Corp. v. EmeryNew York Court of Appeals · 1937
- Cawley v. . WeinerNew York Court of Appeals · 1923
- Steel Storage & Elevator Construction Co. v. F. W. StockNew York Court of Appeals · 1919
- Hollister v. . MottNew York Court of Appeals · 1892
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3Cited by1 opinion
- Frank M. Herbert, Inc. v. M & P Scrap Iron & Metal Corp.New York Supreme Court · 1964