Legal Opinion
J.C. Drywall & Accoustical Contractors, Inc. v. West Shore Partners
Appellate Division of the Supreme Court of the State of New York
Decided November 16, 1992PublishedCited by 5 opinions
1Opinion of the Court
In an action to recover the balance due under a construction contract, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), entered September 11, 1990, which denied its motion for partial summary judgment and its request to transfer the balance of its claim to a court of lesser monetary jurisdiction pursuant to CPLR 325 (d).
Ordered that the order is affirmed, with costs.
We reject the plaintiffs contention that its motion for partial summary judgment was improperly denied. Summary judgment is a drastic measure, and it should not be granted if there is any…
2Cases cited4 opinions
- Andre v. PomeroyNew York Court of Appeals · 1974
- Jacob & Youngs, Inc. v. KentNew York Court of Appeals · 1921
- Spence v. . HamNew York Court of Appeals · 1900
- Jerry B. Wilson Roofing & Painting, Inc. v. Jobco—E. R. Kelly Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
3Cited by5 opinions
- Matzen Construction, Inc. v. SchultzAppellate Division of the Supreme Court of the State of New York · 1999
- F. Garofalo Electric Co. v. New York UniversityAppellate Division of the Supreme Court of the State of New York · 2002
- Matzen Construction, Inc. v. SchultzAppellate Division of the Supreme Court of the State of New York · 1999
- Abiele Contracting, Inc. v. New York City School Construction AuthorityAppellate Division of the Supreme Court of the State of New York · 1998
- Rockowitz v. Huntington Town House, Inc.Appellate Division of the Supreme Court of the State of New York · 2001