Legal Opinion

Great Eastern Fuel Co. v. Powell

New York Supreme Court

Decided March 25, 1957PublishedCited by 2 opinions

1Opinion of the CourtBenjamin Brenner, J.

This is a motion by defendant Powell to dismiss the fourth separate defense contained in the answer of defendants Klevens Tank & Boiler Corporation, J. K. Welding Co. Inc. and Klevens Corp., hereinafter referred to as defendants Klevens, which is asserted as a counter claim against defendant Powell pursuant to section 264 of the Civil Practice Act.

Plaintiff’s amended complaint sets out three causes of action against defendants Klevens. The first cause, charging a breach of guarantee, alleges their agreement to erect an oil storage *784tank for the plaintiff; that the agreement included their…

2Cases cited7 opinions

  1. Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
  2. Fox v. Western New York Motor Lines, Inc.New York Court of Appeals · 1931
  3. Rhynders v. GreeneAppellate Division of the Supreme Court of the State of New York · 1938
  4. Mills v. City of New YorkNew York Supreme Court · 1947
  5. Miele v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1945

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Principe v. United StatesDistrict Court, E.D. New York · 1962
  2. Great Eastern Fuel Co. v. PowellNew York Supreme Court · 1958

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