Legal Opinion

Great Eastern Fuel Co. v. Powell

New York Supreme Court

Decided April 18, 1958Published

1Opinion of the CourtWalter B. Hart, J.

Motion by defendants Elevens Tank & Boiler Corporation, J. E. Welding Co. Inc., and Elevens Corp., hereinafter collectively referred to as the Elevens defendants, for an order dismissing the cross claim against said defendants which is set out in codefendant Powell’s answer, on the ground that said cross claim is legally insufficient and not within the purview of section 264 of the Civil Practice Act; or, in the alternative, for leave to assert, by way of an amended answer, a claim over against defendants Powell and/or Smith.

The instant action is one to recover damages for the collapse of a…

2Cases cited6 opinions

  1. Tipaldi v. Riverside Memorial Chapel, Inc.Appellate Division of the Supreme Court of the State of New York · 1948
  2. Tipaldi v. Riverside Memorial Chapel, Inc.New York Court of Appeals · 1948
  3. Dick v. Sunbright Steam Laundry Corp.New York Court of Appeals · 1954
  4. Middleton v. City of New YorkNew York Court of Appeals · 1950
  5. Edwards v. Sophkirsh Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1952

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