Legal Opinion

Butterly & Green, Inc. v. Marsalona

New York Supreme Court

Decided June 15, 1960PublishedCited by 1 opinion

1Opinion of the CourtIrwin Shapiro, J.

The plaintiff in an action to recover a balance of $1,668.50 with interest moves for judgment on the pleadings against both defendants upon the ground “that although the plaintiff complied with Section 255-a of the New York Civil Practice Act, the defendants failed to indicate specifically the items disputed in respect of performance and reasonable value or agreed to price ”.

Since a motion for judgment on the pleadings, pursuant to rule 112 of the Buies of Civil Practice, searches the record, the individual defendant urges that none of the three causes of action set forth in the complaint is…

2Cases cited5 opinions

  1. Red Robin Stores, Inc. v. RoseAppellate Division of the Supreme Court of the State of New York · 1948
  2. Cohen v. ErdleAppellate Division of the Supreme Court of the State of New York · 1953
  3. Parsons v. BatchelorAppellate Division of the Supreme Court of the State of New York · 1931
  4. Kendall v. Oakland Golf ClubAppellate Division of the Supreme Court of the State of New York · 1953
  5. Kendall v. Oakland Golf ClubNew York Court of Appeals · 1954

3Cited by1 opinion

  1. Big O Tire Dealers, Inc. v. Big O Warehouse, an Illinois General Partnership, and Richard MacQueen Joseph Nuzzo, Alex Nuzzo and Paul ArraCourt of Appeals for the Seventh Circuit · 1984

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