Berner Trucking, Inc. v. Brown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Plaintiff entered into a contract with defendant Mobile Treatment Technologies, Inc. (Mobile) in early 1988 whereby plaintiff would be paid to haul waste. Plaintiff performed under the contract from May through July 1988 and billed Mobile. Mobile made partial payments, but was unable to make full payment of the amount due. Plaintiff commenced an action against Mobile in Ohio in November 1988, but it was dismissed…
2Cases cited11 opinions
- Southern Industries, Inc. v. JeremiasAppellate Division of the Supreme Court of the State of New York · 1978
- Julien J. Studley, Inc. v. LefrakNew York Court of Appeals · 1979
- Julien J. Studley, Inc. v. LefrakAppellate Division of the Supreme Court of the State of New York · 1979
- Farm Stores, Inc. v. School Feeding Corp.Appellate Division of the Supreme Court of the State of New York · 1984
- American Investment Bank, N.A. v. Marine Midland Bank, N.A.Appellate Division of the Supreme Court of the State of New York · 1993
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