Legal Opinion
Rason Asphalt, Inc. v. Town of Oyster Bay
New York Supreme Court
Decided September 20, 1957PublishedCited by 8 opinions
1Opinion of the CourtMario Pittoni, J.
The defendant moves pursuant to rule 113 of the Buies of Civil Practice, for an order dismissing the complaint and awarding the defendant summary judgment.
The plaintiff alleges that certain asphalt was sold and delivered by the plaintiff to the defendant between April 19, 1955 and February 27,1956. The total amount demanded by the plaintiff is $11,909.50, for 54 separate sales, each of which was less than $1,000.
The defendant contends that the action cannot be sustained because (1) the sales were subject to the requirement of section 103 of the General Municipal Law and there was no public…
2Cases cited3 opinions
- Edlux Construction Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 1937
- Edlux Construction Corporation v. StateNew York Court of Appeals · 1938
- Glendon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1937
3Cited by8 opinions
- City of New York v. StateNew York Court of Appeals · 1976
- Memphis Construction, Inc. v. Village of MoraviaAppellate Division of the Supreme Court of the State of New York · 1977
- City of White Plains v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1978
- Balon v. Hotel & Restaurant Supplies, Inc.Court of Appeals of Arizona · 1968
- Reuter v. Town of BabylonAppellate Division of the Supreme Court of the State of New York · 1972
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