Lotto v. Long Island Lighting Co.
New York Supreme Court
1Opinion of the CourtAlbert A. Oppido, J.
The defendant, Long Island Lighting Company (LILCO) has moved to dismiss the cross complaint brought by the Town of Islip (ISLIP) on the grounds that it has a defense founded upon documentary evidence; that the court has no jurisdiction over the subject matter of the cause of action; and that the complaint fails to state a cause of action (CPLR 3211, subd [a], pars 1, 2 and 7).
ISLIP has moved to dismiss the defenses interposed by LILCO on the grounds of res judicata and documentary evidence and has moved for summary judgment on the ground that there is no valid defense to its complaint (CPLR…
2Cases cited16 opinions
- Johnson v. New JerseySupreme Court of the United States · 1966
- Matter of Mounting Finishing Co. v. McGoldrickNew York Court of Appeals · 1945
- S. T. Grand, Inc. v. City of New YorkNew York Court of Appeals · 1973
- City of New York v. New York City Railway Co.New York Court of Appeals · 1908
- Vavolizza v. KriegerNew York Court of Appeals · 1974
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3Cited by1 opinion
- Lotto v. Long Island Lighting Co.Appellate Division of the Supreme Court of the State of New York · 1977