Great Eastern Fuel Co. v. Powell
New York Supreme Court
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
- Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
- Fox v. Western New York Motor Lines, Inc.New York Court of Appeals · 1931
- Rhynders v. GreeneAppellate Division of the Supreme Court of the State of New York · 1938
- Mills v. City of New YorkNew York Supreme Court · 1947
- Miele v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1945
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3Cited by2 opinions
- Principe v. United StatesDistrict Court, E.D. New York · 1962
- Great Eastern Fuel Co. v. PowellNew York Supreme Court · 1958