Legal Opinion
Anaconda-Ericsson, Inc. v. American District Telegraph Co.
District Court, E.D. New York
Decided January 23, 1984No. 82 CIV 2120PublishedCited by 8 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
McLAUGHLIN, District Judge.
In July, 1982, plaintiff served a complaint seeking over $100,000 for breach of contract. Defendant’s answer and counterclaims, seeking almost $800,000 for plaintiff’s breach of contract, were served in September, 1982, as was plaintiff’s reply. None of those pleadings contained a demand for a jury trial; and no demand was served within 10 days after service of the reply. See Fed.R.Civ.P. 38(b).
In September, 1983, defendant sought leave to amend its answer to assert three new affirmative defenses and counterclaims. The motion was denied, except…
2Cases cited10 opinions
- Fed. Sec. L. Rep. P 93,959 Frank Lanza, Jr. v. Drexel & Co., Theodore J. Kircher and Christie F. VitoloCourt of Appeals for the Second Circuit · 1973
- Sabo v. DelmanNew York Court of Appeals · 1957
- Winifred D. Noonan v. Cunard Steamship Co., Ltd.Court of Appeals for the Second Circuit · 1967
- Rosen v. DickCourt of Appeals for the Second Circuit · 1980
- William WASHINGTON, Plaintiff-Appellant, v. NEW YORK CITY BOARD OF ESTIMATE, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1983
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Aries Ventures Ltd. v. Axa Finance S.A.District Court, S.D. New York · 1990
- Swan Brewery Co. v. United States Trust Co. of New YorkDistrict Court, S.D. New York · 1992
- Virgin Air, Inc. v. Virgin Atlantic Airways, Ltd.District Court, S.D. New York · 1992
- Catapano v. Western Airlines, Inc.District Court, E.D. New York · 1985
- National Union Fire Insurance v. L.E. Myers Co. GroupDistrict Court, S.D. New York · 1996
3 more not listed; retrieve them via the Exa API.