Legal Opinion
Ralph Hochman & Co. v. Fort Stanwix Mfg. Co.
District Court, N.D. New York
Decided February 26, 1968No. Civ. A. No. 67-CV-297PublishedCited by 3 opinions
1Opinion of the Court
TIMBERS, District Judge.*
Defendant having filed a motion on December 4, 1967 to dismiss the com*1001plaint in the instant action, which was commenced on August 30, 1967, “on the ground that the institution and prosecution by plaintiff against defendant, in this Court, of Civil Action 9702, which action was instituted in August, 1963, constituted an election of remedies by plaintiff which bars and precludes plaintiff from maintaining the above entitled action”; and
The Court having heard arguments of counsel at Syracuse on January 8, 1968, and having received and considered the complaint, answer,…
2Cases cited4 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Smith v. KirkpatrickNew York Court of Appeals · 1953
- Global Commerce Corporation, S.A. v. Clark-Babbitt Industries, Inc.Court of Appeals for the Second Circuit · 1956
- Ralph Hochman & Co. v. Fort Stanwix Mfg. Co.District Court, N.D. New York · 1967
3Cited by3 opinions
- New York Marine & General Insurance v. S/S "Ming Prosperity"District Court, S.D. New York · 1996
- Chubbs v. City of New YorkDistrict Court, E.D. New York · 1971
- Aerotrade, Inc. v. Banque Nationale De La Republique D'HaitiDistrict Court, S.D. New York · 1974