Legal Opinion
M. Farbman & Sons, Inc. v. Continental Casualty Co.
Civil Court of the City of New York
Decided February 13, 1970PublishedCited by 3 opinions
1Opinion of the CourtRichard W. Wallach, J.
The complete miscarriage of a previously dismissed action by plaintiff (“Farbman”) a subcontractor, to recover upon its prime contractor’s payment bond, has now generated the present odd suit against a potential witness for alleged “breach of contract” to appear and testify, accompanied by two other stale claims sounding in fraud. The Statute of Limitations is an insuperable barrier to the fraud causes, and public policy mandates dismissal of the balance of the complaint upon defendants’ present motion for summary judgment.
It appears from the papers that defendant Continental Casualty Co. (“…
2Cases cited3 opinions
- Griffith v. HarrisWisconsin Supreme Court · 1962
- Clifford v. HughesAppellate Division of the Supreme Court of the State of New York · 1910
- Cowles v. . Rochester Folding Box Co.New York Court of Appeals · 1904
3Cited by3 opinions
- WESTERN CAB COMPANY v. KellarNevada Supreme Court · 1974
- Caldwell v. Cablevision Systems Corp.Appellate Division of the Supreme Court of the State of New York · 2011
- WESTERN CAB COMPANY v. KellarNevada Supreme Court · 1974