Norman Co. v. County of Nassau
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order of the Supreme Court, Nassau County, dated September 22, 1964, reversed, with one bill of $10 costs and disbursements, and motions denied. The time of the third-party defendant to answer is extended until 20 days after entry of the order hereon. In our opinion, the issue as to whether the complaint states a cause of action should await the development of proof, and should not have been resolved, as it was, on motions made pursuant to CPLR 3211 (subd. [a], par. 1) which, by agreement of the parties, was treated as the equivalent of a motion for judgment on the pleadings. On such motions,…
2Cases cited17 opinions
- Del Genovese v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Cauldwell-Wingate Co. v. StateNew York Court of Appeals · 1938
- Wilson & English Construction Co. v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1934
- Sundstrom v. . State of New YorkNew York Court of Appeals · 1914
- W. L. Waples Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1917
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Kalisch-Jarcho, Inc. v. City of New YorkNew York Court of Appeals · 1983
- Corinno Civetta Construction Corp. v. City of New YorkNew York Court of Appeals · 1986
- J. A. Jones Construction Co. v. City of DoverSuperior Court of Delaware · 1977
- Southern Gulf Utilities, Inc. v. Boca Ciega Sanitary DistrictDistrict Court of Appeal of Florida · 1970
- Vanderlinde Electric Corp. v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1976
5 more not listed; retrieve them via the Exa API.