Legal Opinion
Musco v. Lupi
New York Supreme Court
Decided April 20, 1957PublishedCited by 7 opinions
1Opinion of the CourtSamuel W. Eager, J.
This is a motion by defendant for summary judgment. The action is brought by the owner against a contractor to recover damages for breach of a building construction contract. The complaint alleges that the defendant (contractor), without cause, abandoned the building when in a partially completed condition, and that the plaintiff (owner) was compelled to and did finish the work, all to his damage in the sum of' $4,149.20. There are interposed in the action a defense of res judicata based upon a judgment rendered in a prior action which was brought by the contractor against the owner to…
2Cases cited4 opinions
- Good Health Dairy Products Corp. v. EmeryNew York Court of Appeals · 1937
- McCue v. J. F. Shea Co.New York Supreme Court · 1940
- McCue v. J. F. Shea Co.Appellate Division of the Supreme Court of the State of New York · 1940
- O'Connor v. VarneyMassachusetts Supreme Judicial Court · 1857
3Cited by7 opinions
- Batavia Kill Watershed District v. Charles O. Desch, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- In re the Arbitration between Finkelstein & HarrisAppellate Division of the Supreme Court of the State of New York · 1962
- Gargiulo v. OppenheimAppellate Division of the Supreme Court of the State of New York · 1983
- First National City Bank v. CerveraCivil Court of the City of New York · 1964
- Argyle Associates, Inc. v. Kool Air Systems, Inc.New York Supreme Court · 1960
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